Bird v. Bird CA2/8

Filed 7/5/22 Bird v. Bird CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LEONORA BIRD, B304780

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BD527332) v.

BRIAN C. BIRD,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Steve Cochran, Judge. Affirmed.

Leonora Bird, in pro. per., for Plaintiff and Appellant.

No appearance for Defendant and Respondent. __________________________

Wife Leonora Bird appeals the order denying her request for an award of spousal support arrears from 2010 until 2013 from husband Brian C. Bird, arguing Mr. Bird never proved he paid the support, and that her evidence demonstrated he did not meet his support obligations. She also argues she never waived her right to collect the arrears. Finding Ms. Bird has failed to follow the basic rules of appellate procedure, and that her claims of error fail on their merits, we affirm. FACTUAL AND PROCEDURAL BACKGROUND The parties were married for nearly 10 years, from July 2000 until they separated in May 2010. In June 2010, Ms. Bird filed a petition for dissolution of marriage. While the petition was pending, Mr. Bird paid spousal support pursuant to a pendente lite order. On May 15, 2012, the trial court entered a stipulated judgment of dissolution, which provided Mr. Bird would pay spousal support of $3,500 per month beginning on May 1, 2011, and ending on May 1, 2016, or in the event of Ms. Bird’s remarriage, whichever occurred first. In 2015, Ms. Bird sought to extend the termination date of Mr. Bird’s support obligations. On August 26, 2015, the court ordered Mr. Bird to pay support of $2,250 per month until March 31, 2019. The court also found that Mr. Bird was in arrears on his support obligation for the period of June 2015 until August 2015. There is no indication in the record that in 2015 Ms. Bird sought to recover for arrears spanning 2010 to 2013. On March 27, 2019, Ms. Bird filed a request for an order, seeking to further extend Mr. Bird’s support obligations, claiming she was unable to support herself. The request did not mention any arrears.