Laughman v. Laughman CA2/8

Filed 8/28/14 Laughman v. Laughman CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

EILEEN K. LAUGHMAN, B251863

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BD497590) v.

RICHARD KEITH LAUGHMAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Patrick A. Cathcart, Judge. Affirmed.

Law Office of Anthony D. Zinnanti and Anthony D. Zinnanti for Plaintiff and Respondent.

The Reape – Rickett Law Firm and Donald S. Sherwyn for Defendant and Appellant.

__________________________

Richard Keith Laughman appeals from the family law court order denying his motion for a downward modification of his spousal support payments to former wife Eileen K. Laughman. We reject his contention that his ex-wife was obligated to use anything other than good faith in attempting to become employed as a psychologist and affirm because substantial evidence supports a finding that her efforts to obtain employment have been conducted in good faith.

FACTS AND PROCEDURAL HISTORY

Richard Keith Laughman and Eileen K. Laughman married in 1973, separated sometime between August and December 2008, and separately filed for divorce in December 2008.1 A stipulated judgment was entered in November 2011, awarding Eileen monthly spousal support of $11,500. As part of the spousal support award, the judgment said that Eileen was “admonished of the policy of the state of California to become self sufficient and further ordered to use full time efforts in seeking full time employment. Pursuant to Family Code, section 4320 and In re Marriage of Gavron (1988) 203 Cal.App.3d 705, [she] has been notified of her obligation to become self- supporting.” Richard and Eileen first lived in Minnesota, where Eileen was a licensed psychologist and taught children with learning disabilities. She and Keith later moved to California, which did not have licensing reciprocity with Minnesota. In April 2013 Keith brought a motion to reduce Eileen’s spousal support payments based on her alleged lack of diligence in looking for work, particularly her failure to accumulate the 1500 hours of clinical supervision she needed to become a licensed psychologist in California. Keith’s supporting declaration was based on his interpretation of the quarterly reports filed by John Stevenson, the vocational counselor Eileen was ordered to use to