Marriage of Swain
Annotate this CaseAppellant challenged a post-judgment order denying his motion to terminate spousal support of his former wife. The wife did not file any opposition and did not appear at the hearing on the motion; she filed an income and expense declaration prior to the hearing; but she did not serve it to appellant. The trial court initially did not consider the wife's declaration but, after the hearing, relied on the declaration in making its ruling. The Court of Appeal held that the trial court should not have considered the wife's declaration without an opportunity for cros-examination. The court explained that, absent that declaration, the record contained no information about the wife's current circumstances from which the trial court could make an assessment of the factors the trial court was required to consider in determining whether to continue spousal support. In this case, appellant met his burden of showing changed circumstances and, absent evidence of a continuing need, the trial court abused its discretion in continuing his spousal support obligations.
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