In Re Marriage of Beck

Good Law
1997 Cal. App. LEXIS 677·57 Cal. App. 4th 341·67 Cal. Rptr. 2d 79·97 Daily Journal DAR 11128·97 Cal. Daily Op. Serv. 6939
Court of Appeal of CaliforniaAugust 26, 1997D023508California2,209 words

Opinion

Opinion

Work, J.

Jack R. Beck appeals that portion of a postjudgment order modifying an interlocutory judgment of dissolution of marriage purporting to reinstate spousal support to his former wife, Dorothy. He contends the trial court lacked jurisdiction to reinstate spousal support 16 years after the date established by the 1972 judicial decree which the trial court had entered upon the parties’ stipulation, even though the 14-year marriage qualifies as one of long duration. Concluding the trial court was without jurisdiction, we reverse that part of the order awarding spousal support, attorney fees and costs. In all other respects, we affirm the order.

I

After 14 years, the Becks’ marriage ended in an interlocutory judgment of dissolution filed January 13, 1972, providing “[Jack] is to pay to [Dorothy] the sum of $502.00 per month as support for [Dorothy] for a period of seven years.” Support payments began on November 1, 1971, and Jack made monthly payments as ordered. Dorothy never requested a modification of spousal support during the seven-year period which ended in November 1978, nor thereafter until the present proceedings.

In 1993, Dorothy was informed by an acquaintance that…

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