Forcum
Forcum v. Forcum
Opinion
Lead Opinion
King, J.
In this case we hold that where the general provisions of a marital settlement agreement (incorporated by reference into the interlocutory judgment of dissolution of marriage) do not permit future judicial modification, but the agreement also contains a specific provision on spousal support the legal effect of which is to retain the jurisdiction of the court to *601 modify spousal support, the specific provision prevails and the trial court has jurisdiction to modify spousal support.
The interlocutory judgment of dissolution of the marriage of Charles D. Forcum and Lillian R. Forcum incorporated by reference a property settlement agreement between the parties which provided that Charles should pay spousal support to Lillian in the sum of $425 per month for five years and thereafter pay spousal support of $1 per year for an additional five years, whereupon spousal support would terminate. 1 Just before the first five-year period ended, Lillian moved the court to modify the order to continue the $425 per month payments for the additional five years. The trial court ruled that it had jurisdiction to modify the amount of spousal support payable during the second five-year…