Marriage of Gonzalez CA4/1

Filed 4/19/21 Marriage of Gonzalez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of LUPITA and JESUS GONZALEZ. D077467 LUPITA GONZALEZ,

Respondent, (Super. Ct. No. EFL18851)

v.

JESUS GONZALEZ,

Appellant.

APPEAL from an order of the Superior Court of Imperial County, Eran Bermudez, Judge. Affirmed. La Quinta Law Group and Timothy L. Ewanyshyn for Appellant. No appearance for Respondent.

I INTRODUCTION Jesus Gonzalez (Husband) appeals an order denying his request to terminate spousal support for his ex-wife Lupita Gonzalez (Wife). He

contends the trial court erred in denying his termination request on grounds that a material change of circumstances warranted termination of the spousal support. We affirm. II BACKGROUND Husband and Wife were married for approximately 16 years and had two children together. They separated and a judgment for dissolution of marriage was entered in 2016. The judgment for dissolution of marriage is not included in the appellate record. In 2018, the trial court ordered Husband to pay spousal support to Wife in the amount of $1,334 per month. The spousal support order is not included in the appellate record. On July 12, 2019, Husband filed a request to terminate spousal support for Wife based on an alleged material change of circumstances. According to Husband, a change of circumstances existed for two reasons. First, Husband alleged Wife began cohabitating with a new boyfriend in early 2019. Second, Husband alleged Wife obtained new employment at a school. In a report filed together with Husband’s request to terminate spousal support, a private investigator averred he was hired by Husband to verify Wife’s living arrangements. The private investigator alleged he surveilled the boyfriend’s home and witnessed Wife and her children exiting the boyfriend’s home on two occasions. There is no order adjudicating Husband’s request to terminate spousal support included in the appellate record. However, Husband asserts in his appellate brief that the trial court denied his request because he failed to file an Income and Expense Declaration together with his request.