Marriage of Mesa CA5

CourtCalifornia Court of Appeal
DecidedSeptember 4, 2025
DocketF088399
StatusUnpublished

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Marriage of Mesa CA5, (Cal. Ct. App. 2025).

Opinion

Filed 9/4/25 Marriage of Mesa CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re the Marriage of CHARLES F. and KAREN MESA.

CHARLES F. MESA, F088399

Respondent, (Super. Ct. No. VFL253329)

v. OPINION KAREN MESA,

Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Robin L. Wolfe, Judge. Karen Mesa, in pro. per., for Appellant. Charles F. Mesa, in pro. per., for Respondent. -ooOoo-

* Before Franson, Acting P. J., Snauffer, J., and Fain, J.†

† Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Charles and Karen Mesa were married in 2001, and Charles petitioned for dissolution of their marriage in 2013. Charles was ordered to pay temporary spousal support in March 2014, and in June 2015 a “status only” judgment of dissolution was entered in which jurisdiction was reserved on all other issues. Charles petitioned the court in January 2023 to have the issue of permanent spousal support determined. He requested the court award no permanent support to Karen and also requested reimbursement for overpaid support. The temporary support order was stayed in February 2023, and the issue of permanent spousal support and Charles’s reimbursement claim were heard in May 2024 over three days. After the hearing, the court ordered no permanent spousal support and ordered Karen to reimburse Charles in the amount of $7,808. The court permanently terminated its jurisdiction to award spousal support to either party. Karen appeals from the trial court’s order, raising nine issues challenging both the denial of support and Charles’s entitlement to reimbursement. We affirm. FACTS I. Background Charles and Karen were married on April 1, 2001, and separated on January 21, 2013. Charles petitioned for dissolution of marriage on September 4, 2013. On March 28, 2014, Charles was ordered to pay $846 a month in temporary spousal support, retroactive to February 1, 2014. The amount was calculated using the XSpouse computer software program.1 He was also ordered to pay support arrears of $1,692. He also had to pay Karen’s attorney fees in the amount of $1,000, payable at the

1 XSpouse is a privately developed computer program used by family law practitioners to calculate spousal support and child support. (In re Marriage of Bodo (2011) 198 Cal.App.4th 373, 378, fn. 3; In re Marriage of Riddle (2005) 125 Cal.App.4th 1075, 1079.) But such computer programs cannot be used to fix permanent spousal support. (In re Marriage of Olson (1993) 14 Cal.App.4th 1, 5–6, fn. 3.)

2. rate of $100 per month.2 Thus, he immediately began paying $946 per month, with that amount being withheld from his paychecks. A “status only” judgment of dissolution was entered June 25, 2015. In the order, the court reserved jurisdiction over all other issues. On January 6, 2023, Charles filed a request for order regarding spousal support. This request is not in the appellate record, so we have no way of knowing the grounds stated in the request. What is included in the record is a declaration by Charles filed with his request, which methodically addressed the relevant Family Code section 4320 factors.3 In his declaration, Charles stated that Karen obtained her registered nursing license before they met. He asserted Karen, who was 61, worked for the State of California before medically retiring, and then worked at Sierra Valley Rehab Center. He stated he is “not aware that she has become self-supporting.” He asserted that through December 2022, he has overpaid $7,708 in temporary support. He also claimed that the marriage was 11 years, five months and that they did not live extravagantly, rarely going out to eat and seldom vacationing out of town. He said he was 52, of average health, in need of shoulder surgery, and was expecting to have to begin caring for his 67-year-old sister in his home. He stated he believed Karen was living with her fiancé, her sister, and her brother-in-law—four incomes in one household.

2 The court entered a “Findings and Order After Hearing” on March 28, 2014, which was not designated as part of the record. Our knowledge of the dates and amount come from testimony. 3 Undesignated statutory references are to the Family Code.

Section 4320 lists the facts the trial court must consider when fixing spousal support.

3. II. The hearing The hearing on Charles’s request for order regarding spousal support was held on May 9, 10, and 13, 2024. Charles and Karen were the only witnesses, and Charles was represented by counsel while Karen was unrepresented. They each called the other as witnesses in their respective presentations of evidence. A. Charles’s testimony Charles testified they were married April 1, 2001, and separated for the final time on January 21, 2013. Their marriage produced no children, and there was no domestic violence in their relationship. They separated twice during the marriage, each time for 12 to 14 months. Both times Karen left and moved to rentals in Porterville. During those periods, the couple maintained separate bank accounts and did not pool money or pay community bills. They also were not “intimate” or “together” during those periods; they were not “seeing each other” and did not consider each other husband and wife. They did not have sex while separated. Charles also testified that they “lived normally,” not extravagantly. They did not have a lot of money and “had more credit card debt than anything.” They took a yearly trip to Lake Tahoe every year for three to four days until they separated for the first time. They visited Hawaii “a couple of times,” went to the Grand Canyon once, and took occasional weekend trips to the Central Coast. Charles was currently employed full time as a correctional officer for the California Department of Corrections and Rehabilitation (CDCR). He never worked a lot of overtime. Karen used to work full time for CDCR. She was a registered nurse and then became director of nursing at two facilities in Porterville. Karen always made about $2,000 more a month gross than Charles did. Charles testified that Karen took family leave in 2012 to care for her father in Tennessee when he got sick. When she left for Tennessee, she was working at a

4. rehabilitation hospital. When she returned from Tennessee, she was asked to take a demotion, but she chose to resign instead. The couple separated shortly thereafter. The couple sold their three-bedroom house and split the proceeds, each receiving about $35,000 from the sale. They each kept the car they drove, and they divided the household furnishings. They had insubstantial deposits in checking or savings accounts; Charles had “maybe a couple of hundred” dollars in cash. They had no joint accounts when they separated. Charles owned no stocks, Individual Retirement Accounts (IRA), or mutual funds. They had a combined $20,000 of credit card debt, which they divided between them based on what each had accrued. Charles, who was 53 years old at the time of the hearing, had diabetes and an autoimmune condition affecting the pancreas. He needed shoulder surgery and was waiting until he retired in December 2024 to have the procedure. He had remarried, had no other adults living with him besides his spouse, and had no other financial dependents. His latest income and expense declaration, filed April 23, 2024, listed $10,401 in gross monthly income, $2,064.14 in deductions, and $10,800 in expenses.

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