In Re Marriage of Helsel

Charles M. Helsel appeals from the order denying his motion to set aside portions of a stipulated judgment. We reverse.

Factual and Procedural Background

In 1973 an interlocutory judgment dissolved the marriage of Geraldine and Charles Helsel. The judgment awarded custody of the parties’ four minor sons to Geraldine and ordered Charles to pay child support of $200 monthly for each child. The judgment also divided the community property, allocated the community debts and provided for attorney’s fees. The dissolution did not produce tranquility.

The issue before us was generated by Geraldine’s 1985 order to show cause seeking to modify the judgment and to collect accrued child and spousal support. Charles admitted he owed accrued support of about $18,000 but desired a $13,800 setoff for the federal income taxes he paid for the years 1971 and 1972. Charles also wanted the $15,000 held in trust under the judgment of dissolution to be disbursed in a specific fashion.

Geraldine appeared with her counsel at the February 1986 hearing on the order to show cause. Charles, a physician and surgeon, appeared only through his attorney.

The attorneys spent considerable time…