In re Marriage of Garcia

In In re Marriage of Garcia (1990) 224 Cal. App. 3d 885, the court granted wife use of the family home between the time the couple separated and the time the home was sold, and ordered husband to make the mortgage payments in lieu of spousal support. However, the court later ordered wife to reimburse the community for the home's rental value during the period of her exclusive occupancy. She challenged this order on the ground it amounted to a retroactive modification of husband's spousal support obligation. The appellate court agreed and reversed the order. "The trial court's authority to consider 'all the circumstances' in determining whether to order compensation for a spouse's exclusive use of a community asset does not include the authority to award reimbursement if it concludes that a prior temporary support order was too generous. Civil Code section 4357 (now Fam. Code, 3603 provides that a temporary support order 'may be modified or revoked at any time except as to any amount that may have accrued prior to the date of filing of the notice of motion or order to show cause to modify or revoke.' This statute has been construed to prohibit retroactive modifications of temporary support. Had the trial court awarded husband compensation for wife's use of the family residence on the ground that the prior orders had been too generous, its action would be invalid as a retroactive modification of those prior orders." (In re Marriage of Garcia, supra, 224 Cal. App. 3d at pp. 895-896.)