California Court of Appeal

In family law action, order denying a modification of husband's obligation to pay his former wife $2,000 in spousal support is affirmed, where: 1) the trial court correctly as concluded that as a matter of law, the spousal support order in the marital settlement agreement (MSA) is not modifiable, or otherwise subject to termination, until one of the stipulated circumstances occurs, namely, the death of either party or the remarriage of wife; and 2) considering the judgment as a whole and the circumstances of the parties when they signed the MSA, the parties did not intend that a reduction in husband's income, either through disability or retirement, or some combination thereof, would create changed circumstances warranting modification of the support agreement.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• BASKIN

Court

• California Court of Appeal

Counsel