In Re Schmir (2005) SOS 5111

Facts: Petitioner and respondent divorced 14 years ago. Over the course of the 14 years, there were significant changes. The passage of time enabled supported spouse to overcome stress that inhibited her from working at the time; supported spouse's maintenance of professional license throughout that period; reduction in her medical expenses; and fact that she reached the age at which she could withdraw money from her retirement plan without penalty constituted substantial changes in circumstances supporting order reducing spousal support.

Holding: Trial court did not abuse its discretion in reducing support below level at which anticipated earnings plus support would equal monthly expenses, where supported spouse could make up shortfall by withdrawing money from retirement plan. Finding as to supported spouse's earning capacity was supported by substantial evidence where she was a licensed clinical social worker, and court fixed earning capacity at "extreme low end" of what witnesses testified she could earn in that profession.

Trial court abused its discretion in imputing employment income to supported spouse without affording her fair advance notice and a reasonable time to secure a job. Court should have allowed supported spouse to continue receiving previously awarded amount until she obtained employment paying the imputed earnings amount, ceased making good faith efforts to obtain such employment, or reached retirement age.