In Re Marriage of Ayo

Good Law
190 Cal. App. 3d 442·1987 Cal. App. LEXIS 1516·235 Cal. Rptr. 458
Court of Appeal of CaliforniaMarch 19, 1987D004067California3,751 words

Opinion

Opinion

Todd, J.

This appeal arises from a postdissolution family law proceeding involving a postjudgment stipulation in which the wife, Patricia A. Ayo (Patricia), agreed to hold the husband, Larry L. Ayo (Larry), harmless “from any claims of any kind” regarding their minor child, Troy. Insofar as we find the postjudgment agreement contravenes public policy, we declare it void, and, accordingly, we reverse the trial court in the instant action.

Facts

Larry and Patricia were married in 1974. Within a year, Larry adopted Troy, then four years old, who was Patricia’s son from a previous marriage. Larry and Patricia separated in July 1977, and the marriage was dissolved in March 1978. Patricia was awarded custody of Troy, with Larry having visitation rights. Larry was ordered to pay $ 125 per month in spousal support until June 1978, and $125 per month in child support. Larry also was directed to pay Patricia $5,000 for her half of the community property.

In 1978 disputes arose between Larry and Patricia regarding visitation and support payments. In August 1978 Patricia obtained a writ of execution for $125 in unpaid child support and for $2,500—her unpaid share of the community property.…

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