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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.
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
Opinion by FYBEL, J., O'LEARY, ACTING P.J., ARONSON, J.
Opinion by FYBEL, J.
For Respondent: Martin & McCormick, John D. Martin and Kathy J. McCormick.