Marriage of Wiles CA2/8

Filed 5/12/15 Marriage of Wiles 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of SHERI WILES and B256399 JEFF A. WILES. ___________________________________ (Los Angeles County SHERI WILES, Super. Ct. No. MD033485)

Petitioner and Respondent,

v.

JEFF A. WILES,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Steff Padilla, Judge. Reversed and remanded with directions.

Law Offices of James T. Raetz and James T. Raetz for Appellant.

Sheri Rees, in propria persona, for Respondent.

__________________

Jeff A. Wiles appeals from the trial court order denying his request to modify and terminate spousal support for his former wife. We reverse because the undisputed evidence showed that wife was effectively earning more than husband, and remand for a new hearing to determine the proper amount of a downward modification.

FACTS AND PROCEDURAL HISTORY

Jeff and Sheri Wiles married in 1984 and separated in 2007.1 A stipulated marital dissolution judgment was entered in March 2011, which contained a provision that obligated Jeff to pay Sheri monthly spousal support of $1,950. The judgment provided that “spousal support is modifiable” when the following occurred, either alone or in combination: (1) Sheri graduated from nursing school and obtained employment; and (2) Jeff retired.2 By October 2011 Sheri had finished nursing school and obtained employment in Arizona that paid her $3,600 a month. Jeff retired in March 2013, and Sheri was thereafter paid half of his monthly pension benefits, in the sum of $4,340. Sheri also received a lump sum payment of nearly $128,000 from Jeff’s retirement account to be applied in the future to her own retirement. In September 2013 Jeff filed a request to modify spousal support. The form stated that he both wanted to modify support to zero and terminate jurisdiction for further spousal support. Jeff’s income and expense declaration, which was uncontested, showed that between his pension benefits and a worker’s compensation award he had a monthly gross income of $8,710. His monthly expenses were listed at $9,354.