Marriage of Wilson and Smith CA1/3

Statement of Facts The parties separated in 1991 after almost nine years of marriage. A judgment of dissolution of marriage was filed in July 1992. The judgment incorporated a marital settlement agreement that provided child support for the parties‟ two children as well as spousal support for Wife. Husband failed to make all required payments and, in 1996, the court issued a wage assignment order to enforce monthly support obligations and to collect arrears in excess of $39,000. The record shows no further activity until 2010, when Wife hired the Law Offices of David G. Finkelstein to represent her in an effort to collect unpaid support from Husband. The Finkelstein firm served Husband with notice to appear for a judgment debtor examination. (Code Civ. Proc., § 708.110.) The parties settled the debt issue in May 2010, in advance of the scheduled examination. The parties stipulated that Husband “paid most but not all of the spousal support and child support he was court ordered to pay” and, to avoid costs necessary “to determine the true amount of the unpaid support,” negotiated “a full and final settlement of all child and spousal support arrears.” Husband paid Wife $90,000.…