In Re Marriage of Weintraub

Appellant Carole Sue Green Weintraub (hereinafter Wife) appeals from an order dismissing her petition against respondent Alvin Wein traub (hereinafter Husband) for reinstatement of spousal support. The trial court did not weigh the evidence but held that even assuming all of Wife’s allegations were true, the court would have no authority to reinstate spousal support. We conclude that under the unusual circumstances alleged in this case the court would have such authority, therefore we reverse for further proceedings in the trial court.

The parties were married in 1953 and separated in 1977. An interlocutory judgment of dissolution of marriage was entered in 1978 requiring Husband to pay spousal support to Wife. After several modifications Husband was ordered to pay Wife $750 per month in spousal support, effective commencing February 1, 1980, which order was still in effect in December 1981.

On December 17, 1981, Wife was abducted by one Michael Hahn (hereinafter Hahn) by force, physical beatings, and threat of physical harm and taken to Arizona, where, on December 20, 1981, against her will and as the result of coercion, physical beatings, intimidation and threats upon…