In Re Marriage of Goodarzirad
Opinion
Opinion
Ballantyne, J.
Statement of the Case and Facts
On April 25, 1979, Theresa Clara Goodarzirad, respondent (hereinafter wife), filed a petition for legal separation from her husband, appellant Ahmad Goodarzirad (hereinafter husband). She sought custody and child support for their son Behrang born February 25, 1979.
Wife later filed a petition for dissolution of marriage. On July 16, 1980, a final dissolution decree was entered. Wife was awarded custody and husband was granted reasonable visitation and ordered to pay $80 per month child support.
Husband sought a modification in his visitation rights to allow extended visits. Husband had fallen behind in his child support payments, and wife filed an order to show cause and declaration for contempt. Wife also filed a motion to have the husband undergo a psychological examination.
On September 6, 1984, at the joint hearing on the motions, the husband and wife entered into the following stipulation which was approved by the court:
On December 3, 1984, husband made a motion to vacate the judgment and stipulation. Husband asserted that the court lacked jurisdiction to enter the judgment and stipulation and it is thus void.