McElwee

McElwee v. McElwee

Good Law
197 Cal. App. 3d 902·1988 Cal. App. LEXIS 24·243 Cal. Rptr. 179
Court of Appeal of CaliforniaJanuary 14, 1988No. B020877California3,102 words

Opinion

Lead Opinion

Feinerman, J.

This is an appeal from a judgment terminating spousal support without a reservation of jurisdiction. Appellant, Doris Mildred McElwee, also contends that the trial court abused its discretion in fixing spousal support in the amount of $500 a month for the period commencing April 1983 and ending October 1986. We affirm.

*905 Background

Appellant and respondent, Charles Bryson McElwee, separated in 1974 after a 15-year marriage. Respondent made temporary spousal and child support payments. The marriage was dissolved by court order in 1977. Issues of support and property division, which had been bifurcated, were adjudicated in a January 18, 1978, order which awarded appellant $2,500 a month spousal support for three years commencing July 15, 1977. 1 2 The court retained jurisdiction on the issue of spousal support until April 5, 1983. On November 21, 1980, the court issued a modification order which awarded appellant spousal support in the amount of $1,800 a month for the period August 15, 1980 to April 5, 1983. This order did not mention retention of jurisdiction.

As her distributive share of the community assets, appellant initially received property valued at…

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