In Re Marriage of Wright

Spousal support modification proceeding. Petitioner Betty Jane Wright appeals from trial court orders granting the petition of respondent Robert John Wright to reduce his spousal support obligations and denying Betty’s motion to strike that petition.

Facts

The parties were married in 1942 and separated permanently in 1971. In July 1971 they stipulated to a division of community property and to provisions for spousal support and child support. The trial court accepted the stipulation, inserting in the judgment prepared by Betty’s attorney and approved by Robert’s attorney, where appropriate, the word "ordered."

In brief, the judgment awarded custody of the two minor children to Betty, divided the property with no indication of the value of that property, and provided for child support. Also, as relevant to this appeal, the judgment provided that “[Robert] is ordered to pay [Betty] the sum of $250.00 per month spousal support, . .. commencing 1 June 1971, and terminating in all events and permanently in 8 years.” The interlocutory judgment was filed in July 1971.

In December 1974, Robert filed a petition to reduce his spousal support obligations. Betty responded with a…