In re Marriage of Aninger

In In re Marriage of Aninger (1990) 220 Cal. App. 3d 230, the parties agreed to a step-down award of spousal support which culminated in termination of support. Aninger held that based on the agreement, the parties' intent and expectation was that the supported spouse would have an increased ability to provide her own support at the time of each step-down, and that: "This assumption by the parties in entering into the agreement provides the basis for determining whether there has been a change in circumstances. If these assumptions fail to materialize on schedule, despite reasonable efforts on the part of the supported spouse, the court may find a change of circumstances justifying modification of the support order." ( In re Marriage of Aninger, supra, 220 Cal. App. 3d at p. 240.) Thus, "The only change in circumstances that would open the door to modification of Ms. Aninger's support order would be a showing that despite her reasonable efforts she was unable to support herself." ( Id. at p. 241.)