Lucas

Lucas v. Elliott

Good Law
1992 Cal. App. LEXIS 199·3 Cal. App. 4th 888·4 Cal. Rptr. 2d 746·92 Daily Journal DAR 2324·92 Cal. Daily Op. Serv. 1460
Court of Appeal of CaliforniaFebruary 20, 1992A052218California2,155 words

Opinion

Opinion

Merrill, J.

Procedural and Factual Background

Appellant Vera Lucas and the decedent Dr. Leroy Lucas entered into an agreement entitled “Integrated Marital Separation Custody, Support and Property Settlement Agreement” on February 29, 1968, pursuant to the dissolution of their 20-year marriage. The pertinent portion of the agreement at issue here sets forth: “9. Support of Wife: Expressly relying on all of the provisions of this agreement, including in part, the division of property herein agreed to, the parties hereby agree and fix the support of wife, until her death or remarriage, as follows:

“(a) Husband shall pay to wife the sum of Four Hundred Fifty Dollars ($450.00) per month as and for her support, commencing on the first day of the month following execution of this agreement. As the husband’s duties of support for each child terminate hereunder, said sum shall be increased by One Hundred Dollars ($100.00) per month for the four eldest children and Twenty-Five Dollars ($25.00) per month for the youngest child, until the total fixed and nonmodifiable amount is Eight Hundred Seventy-Five Dollars ($875.00) per month.

“(b) Husband shall maintain for the benefit of wife, life…

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