In Re the Marriage of Kreiss

Shirley M. Kreiss appeals from an order denying her motion to set aside an order terminating spousal support awarded her in the judgment of dissolution of her marriage to Raymond H. Kreiss. Because the record reveals that appellant was not served with notice of the motion to terminate her spousal support, as required by Civil Code section 4809, we must grant the relief she seeks.

Background

The marriage of appellant Shirley M. Kreiss and respondent Raymond H. Kreiss was dissolved in 1978. Appellant was awarded spousal support in the amount of $525 per month, to continue until her remarriage, the death of either party, or further order of the court. Appellant was also awarded a share of respondent’s future retirement benefits based on the length of their marriage.

In January 1987 appellant consulted attorney Ian G. Allen concerning the dissolution and a tax matter. Allen had not previously represented appellant. In October 1987 appellant and respondent together met with Allen to seek his opinion on spousal support and the proper division of respondent’s retirement benefits.

When respondent retired in February 1988, he stopped paying spousal support and began to pay…