In Re the Marriage of Curtis

Appellant Anthony Curtis appeals from the order requiring him “to pay petitioner [Leslie M. Curtis]. . . one-half of the residuals awarded petitioner pursuant to the interlocutory judgment of dissolution of marriage . . . without offset for the Doubleday & Company, Inc. liability and costs connected therewith.”

On January 22, 1982, the trial court rendered an interlocutory judgment dissolving the marriage of Mr. and Mrs. Curtis. As part of that judgment, Mrs. Curtis was awarded as her separate property “one-half (Vi) of the community property residuals from the writings and/or performances of [Mr. Curtis] from the date of marriage, April 20, 1968 through the date of separation March 4, 1980.”

On May 7, 1987, Mrs. Curtis filed an order to show cause to enforce the interlocutory judgment. In support of that order to show cause Mrs. Curtis submitted the declaration of her attorney Donald B. Marks. Mr. Marks chronicled two prior orders to show cause Mrs. Curtis filed to enforce that portion of the interlocutory judgment awarding her one-half of the residuals Mr. Curtis receives for the work he performed during the marriage. Mr. Marks then explained: “Since the last payment…