Marriage of Gaasch CA6

Filed 4/29/14 Marriage of Gaasch CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

In re Marriage of RONALD T. and H038993 MARGARET M. GAASCH. (Monterey County Super. Ct. No. DR50104)

RONALD T. GAASCH,

Appellant,

v.

MARGARET M. GAASCH,

Respondent.

Petitioner Ronald T. Gaasch appeals from the trial court’s order modifying the spousal support obligation to his ex-wife, respondent Margaret M. Gaasch, from $5,000 per month to $2,500 per month beginning June 1, 2012, and $1,000 per month beginning July 1, 2013.1 Ronald argues the trial court abused its discretion because it imputed additional income to his rental property without evidentiary support and erroneously considered his current wife’s income in its calculation of spousal support. We conclude that Ronald’s claims lack support in the record and affirm the order.

1 We will refer to the parties by their given names since they share the same surname. No disrespect is intended.

FACTUAL AND PROCEDURAL BACKGROUND Ronald and Margaret married on February 25, 1989, and separated on April 29, 2009. They have no minor children. A judgment of dissolution was entered on August 23, 2011. At the time of the dissolution, Ronald agreed to pay Margaret $5,000 per month beginning August 2011 until his death, Margaret’s remarriage, or until further order of the court. Ronald and Margaret acknowledged that support would be paid until Ronald retired, after which the court would reexamine the issue. Ronald was 64 years of age at the time of the original order and had expressed an intent to retire in the near future. Ronald also agreed to maintain Margaret as the beneficiary for his existing life insurance policy. Ronald filed an order to show cause on June 1, 2012, seeking modification or termination of the trial court’s spousal support order. Attached to his order to show cause was a declaration detailing his change of circumstances. Ronald declared that he was retiring, effective June 22, 2012. He had remarried, and his new wife was also retired. After his retirement, Ronald anticipated his only income would be his social security retirement income of $2,113 a month and an estimated $1,933.84 in retirement from his employer. Ronald estimated that Margaret was earning approximately $2,873 per month based on her share of his retirement benefits and her disability payments. Ronald also filed an income and expense declaration with the court. In the declaration, Ronald indicated that his rental property income was approximately -$47. The rental property generated around $3,270 per month and had expenses including a $2,433.50 mortgage, a $327 property management fee, an average of $337.38 in gardening expenses, a $25 gate maintenance expense, a $106.08 home insurance expense, and a $87.67 property tax expense. In total, Ronald indicated he had total expenses of approximately $2,333 per month, including a $750 monthly contribution for general living expenses.