In re Marriage of Dietz, No. 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.   

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Appellate Information
Appeal from a postjudgment order of the Superior Court of Orange County, Clay M. Smith, Judge. Reversed and remanded with directions.
FOURTH APPELLATE DISTRICT, DIVISION THREE
Filed: August 4, 2009

Judges
Opinion by FYBEL, J., O'LEARY, ACTING P.J., ARONSON, J.
Opinion by FYBEL, J.

Counsel
For Appellant: Law Offices of Marjorie G. Fuller and Marjorie G. Fuller.

For Respondent: Martin & McCormick, John D. Martin and Kathy J. McCormick.