Husband who became disabled following separation from wife due to post-traumatic stress disorder may not modify spousal support obligation due to prior agreement.
Cite as
2013 DJDAR 1932Published
Feb. 12, 2013Filing Date
Feb. 8, 2013In re the Marriage of
HOWARD L. HIBBARD
and
LYDIA H. HIBBARD.
HOWARD L. HIBBARD,
Appellant,
v.
LYDIA H. HIBBARD,
Respondent.
No. A135901
(Alameda County
Super. Ct. No. CH220577)
California Courts of Appeal
First Appellate District
Division Four
Filed February 8, 2013
ORDER MODIFYING OPINION
AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
BY THE COURT:
The second sentence of the first paragraph under I. Factual and Procedural Background is modified to read as follows:
As a result of his service in Vietnam, he has suffered from symptoms of post-traumatic stress disorder (PTSD) since 1970.
The first sentence of the fourth paragraph under I. Factual and Procedural Background is modified to read as follows:
On February 10, 2012, Howard filed a motion to terminate spousal support, alleging that in December 2011 he had been diagnosed formally with PTSD, relating to his service in Vietnam, and that he was currently unable to work more than two to three hours per day.
The second sentence of the sixth paragraph under I. Factual and Procedural Background is modified to read as follows:
From that revenue, he had paid his current wife?s salary and $1,200 per year in continuing education expenses.
The modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).)
Appellant?s petition for rehearing is denied.
__________P.J.
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