In Re Marriage of Ousterman

The question presented by this appeal is whether, under the circumstances of this case, the trial court has jurisdiction to entertain a motion to modify spousal support brought after the last date the original order required support to be paid. We conclude the trial court does have jurisdiction to proceed.

Statement of the Case and Facts

The 25-year marriage of Roberta and Walter Ousterman, Jr., was dissolved on December 18, 1978, at which time respondent wife was awarded $3,500 per month as spousal support. Respondent unsuccessfully sought a modification of spousal support in 1980. Another motion for modification in 1985 resulted in a stipulated order filed on February 21, 1986. This order provides for monthly support payments of $5,250, “commencing February 1, 1986, . . . and continuing until either party’s death, [respondent’s] remarriage, or January 31, 1995, whichever first occurs.” After provisions regarding cost of living adjustments to the support payments, a loan from appellant to respondent to be repaid out of the support payments, and maintenance of insurance on appellant’s life with respondent as the beneficiary, the order provided in paragraph 6: “The…