In Re Marriage of West

Good Law
152 Cal. App. 4th 240·60 Cal. Rptr. 3d 858
Court of Appeal of CaliforniaJune 19, 2007A112330California4,409 words

Opinion

Opinion

Stein, J.

Sylvia L. West (Sylvia) appeals from an order reducing spousal support. We reverse.

Background

Sylvia and James Tilghman West (Til) were married for 20 years, divorcing in November 1997. At that time, Sylvia was a homemaker, caring for the parties’ two children, who were then 15 and five years old. Til was a successful businessman and insurance salesman, who had built up an insurance marketing corporation, which was in the process of being sold. By the time of the divorce, Til was earning between $17,775 and $19,750 per month working for another company. The parties entered into a marital settlement agreement which, as relevant, obligated Til to pay support to Sylvia with the expectation Sylvia would make reasonable good faith efforts to become self-supporting at some future date. The agreement also contemplated that the community business would be sold and the proceeds divided between the parties, with a small amount going to the parties’ older child.

The business sold as expected. Each party received a payment of $65,000 and a promissory note for $388,388, to be paid off at 8 percent interest over six years. Each, accordingly, received quarterly payments of just…

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