In re Marriage of Clements

In In re Marriage of Clements (1982) 134 Cal. App. 3d 737, by comparison, the judgment of dissolution did incorporate a spousal support order. The husband's support obligation in that case took into account the division of community debts between him and his ex-wife. However, the wife's share of the debts was later discharged in bankruptcy, and her creditors looked to the husband for payment. Then, when a community asset was sold, the husband asked the court to order the wife to use her share of the proceeds to pay her discharged debts. The family law court granted the request and issued a temporary restraining order enjoining the wife from spending the money in any other way. A few days later, the bankruptcy court dissolved the restraining order, and the wife spent the money for other things. The family law court's order also included a provision permitting the husband to offset any amount he spent to pay the wife's former debts against the amount he paid her for support. The wife appealed from this part of the order. The appellate court upheld it. It explained: "It is evident that the debts assigned to wife and the agreement to hold husband harmless on these obligations were in settlement of property rights and were effectively discharged by her bankruptcy. At issue is whether this discharge prevents the state court from decreasing wife's spousal support payment to compensate husband for assuming responsibility for these discharged obligations. . . . "There are many factors deemed pertinent by the State of California in establishing an adequate amount of spousal support. Indeed, a court can consider everything having a legitimate bearing on present and prospective matters relating to the lives of both parties. Some of the circumstances that are applicable to the case at bar are the needs of the parties, the abilities of the parties to meet such needs, property owned, obligations to be met, as well as the ability to earn and actual earnings. "Proper grounds may always be presented for the purpose of modifying or revoking an award of spousal support. But the applicant must show the economic situation of the parties has changed since it is the economic relation which is to be affected by the proposed modification. In the instant case, the material change in the economic status of the parties was that the spouse to whom the support had been awarded had significantly reduced her indebtedness through bankruptcy which concomitantly increased the obligations to be met by the nonbankrupt spouse. The fact that a spouse has incurred indebtedness may indicate such a change in his ability to pay support as to authorize a reduction in the amount of support payments. " (Clements, supra, 134 Cal. App. 3d at pp. 743-746.)