California Court of Appeal

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Dietz v. Dietz, G040640

Trial court judgment ordering defendant's monthly spousal support obligation be reduced is reversed where the court erred in ordering the reduction as plaintiff's rights to access the retirement accounts on a penalty-free basis and to any increase in their values are insufficient to constitute a material change of circumstances permitting a reduction in her spousal support under Family Code sec. 4320.

Appellate Information

  • Decided 08/04/2009
  • Published 08/04/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Marjorie G. Fuller and Marjorie G. Fuller, Fullerton, for Appellant.

  • For Appellees:
  • Martin & McCormick, John D. Martin, Victorville, and Kathy J. McCormick for Respondent.
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