A NEW COURT OF APPEAL CASE HOLDS THAT ELIGIBILITY TO BEGIN DRAWING FROM RETIREMENT BENEFITS DOES NOT CONSTITUTE A CHANGE OF CIRCUMSTANCES FOR SUPPORT MODIFICATION PURPOSES.

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In the recent case of In re Marriage of Dietz, 2009 Cal. App. LEXIS 1282, the court of appeal held that that the distribution to wife of her share of husband’s retirement plans and her eligibility to begin drawing from them does not constitute a change of circumstances for support modification purposes because the parties must have contemplated when they entered into their support agreement in 1989 [she] would reach the age when she could begin making withdrawals…without penalty. ” Otherwise, it would mean “that as a matter of law the supporting spouse’s attainment of retirement age could never constitute a change in circumstances…”

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