Marriage of Gonzales CA4/3

Filed 11/6/15 Marriage of Gonzales CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re Marriage of SHERI E. and JOSEPH GONZALES.

SHERI E. DETTLOFF, G050670 Respondent, (Super. Ct. No. D349423) v. OPINION JOSEPH GONZALES,

Appellant.

Appeal from an order of the Superior Court of Orange County, David L. Belz, Judge. Affirmed. Law Office of Ronald B. Funk and Ronald B. Funk for Appellant. Sheri E. Dettloff, in pro. per., for Respondent. * * *

Joseph Gonzales argues the trial court’s order establishing the amount of child support arrearages, spousal support arrearages, and the amount he owed plus interest for attorney fees must be set aside because the court denied his request for a continuance based on his purportedly not having received a copy of his former wife’s declaration concerning the alleged arrearages until the morning of the hearing. The proof of service was signed under oath, and stated the documentation was mailed to Gonzales weeks before the hearing. Gonzales’s statement was not under oath. The court did not err in denying Gonzales a continuance. I BACKGROUND According to the petition filed below, Sheri Dettloff (formerly, Sheri Gonzales) and Joseph Gonzales were married on February 14, 1987. They had two children under the age of five at the time Dettloff filed the petition for dissolution on April 28, 1993. The court dissolved the marriage on October 12, 1993. That same day, the court issued a wage and earnings assignment order to Gonzales’s employer for child support, spousal support, and attorney fees. In April 2014, Dettloff, acting in propria persona, filed a request for a court order determining spousal support arrearages, child support arrearages, and arrearages in paying Dettloff’s attorney fees. The proof of service to the request for the order stated Gonzales was mailed a copy of the request for order and related documentation on April 19, 2014. Gonzales apparently received the notice because he attended the scheduled court hearing on May 23, 2014. The court directed Dettloff to reconcile the payment history filed in her 1994 order to show cause with the documentation she filed in support of the order regarding arrearages. The court continued the matter for her to do so. Although the court initially decided to continue the matter into June 2014, the court continued the hearing to July 11, 2014, at Gonzales’s request.