In Re Marriage of Roden

Ray C. Roden appeals from an order denying his motion to vacate an order for continued spousal support. The issue presented is whether appellant effectively waived compliance with Civil Code section 4809, which requires service of notice of postjudgment proceedings on the party.

The order is reversed.

Factual and Procedural Background

A final judgment of dissolution of the marriage of Ray and Lillian B. Roden was filed in Humboldt County Superior Court on January 24, 1985. The judgment ordered appellant husband to pay spousal support of $450 per month for a period of one year. The judgment also provided: “At the expiration of one year the court shall retain jurisdiction with respect to spousal support.”

On December 20, 1985, Michael Gottschalk, counsel for respondent wife, telephoned appellant to determine whether he would stipulate to continue spousal support at the same level. Gottschalk claims that appellant stated that Francis Mathews, his attorney in the dissolution action, was still his attorney and that service of any documents should be made on Mathews.

On December 24, 1985, Gottschalk served Mathews with a notice of motion to modify the support order to be…