In Re Marriage of Katz

Susie Katz appeals from portions of the trial court’s decision modifying a marriage dissolution decree. Specifically, appellant objects to the court’s determinations that (1) it lacked jurisdiction to reinstate the spousal support payments which had lapsed seven years earlier under the terms of the original dissolution decree, (2) the family residence should be sold and the sale proceeds divided as community property because appellant no longer had primary custody of any of her children, and (3) it lacked power to award child support to a parent who has secondary physical custody of a minor child. We agree with the trial court’s rulings regarding spousal support and the sale of the family residence, but remand the case to the trial court for a factual determination of whether this is a proper case in which to award child support to a parent with secondary physical custody.

Facts

The marital relationship between appellant and respondent Marvin Katz culminated in an interlocutory judgment of dissolution of marriage in 1978, after a 12-year marriage which produced 3 children. In the interlocutory judgment, appellant received custody of the children, and respondent agreed…