In re Marriage of Wilson and Smith CA1/3

Statement of Facts We begin with a summarization of those facts set out in our prior opinion that are relevant to the issues presented on this appeal. (In re Marriage of Wilson & Smith (Sept. 30, 2013, A137560) [nonpub. opn.].) The parties separated in 1991 after almost nine years of marriage. A judgment of dissolution of marriage was filed in July 1992. The judgment incorporated a marital settlement agreement that provided child support for the parties’ two children as well as spousal support for Wife. Husband failed to make all required payments. In 2010, Wife sought to collect unpaid support and served Husband with notice to appear for a judgment debtor examination. (Code Civ. Proc., § 708.110.) The parties settled the debt issue in May 2010, in advance of the scheduled examination. The settlement agreement provided for a cash payment of $90,000 to Wife and an additional $40,000 “educational benefit” fund administered by a trustee. The $40,000 fund was payable to Wife in two installments of $20,000 each for years 2011 and 2012. The agreement provided, with limited exceptions inapplicable here: “It is the intention of the parties that if the $20,000 earmarked for each calendar…