In Re Marriage of Ludwig

A final judgment of dissolution was entered on July 19, 1972. Thereafter on December 17, 1974, husband filed his order to show cause petition for termination of spousal support. On March 19, 1975, the court ordered termination of spousal support as well as restitution of spousal support payments made by husband after June 29, 1973.

The modification and restitution orders were made pursuant to the authority of Civil Code section 4801.5. In accordance with that statute, the court found that wife lived with one Franklin A. Elliott and held herself out to be his spouse.

On appeal wife contends that (1) the restitution provisions of the statute may not be applied to periods prior to the effective date of January 1, 1975; (2) the statute is invalid to the extent it allows restitution for any period because spousal support accrued or paid is a vested right; and (3) the facts of this case are insufficient to support the termination and restitution orders.

I

On the face of the statute restitution is allowed for monies paid but the statute does not state whether the restitution period is limited only to the effective date of the statute or relates farther back in time to…