Dresser

Dresser v. Brown

Good Law
1995 Cal. App. LEXIS 515·35 Cal. App. 4th 785·41 Cal. Rptr. 2d 506·95 Daily Journal DAR 7213·95 Cal. Daily Op. Serv. 4203
Court of Appeal of CaliforniaMay 31, 1995No. D020440California2,235 words

Opinion

Lead Opinion

Kremer, J.

Linda A. Dresser (formerly Linda D. Brown) appeals an order denying her request to modify spousal support. She contends the superior court erred in concluding it lacked jurisdiction to extend the duration of Richard E. Brown’s spousal support obligation beyond the 60-month limit set forth in the judgment of dissolution incorporating the parties’ marital settlement agreement (Agreement). We reverse the order and direct the superior court to entertain further proceedings to determine the merits of the motion for modification of spousal support.

I

Factual and Procedural Background

In May 1987 the parties separated after a 14-year marriage.

In June 1988 the parties signed the Agreement prepared by Linda’s attorney. 1 The Agreement provided Richard would pay Linda $2,000 monthly spousal support for 60 months beginning after sale of their residence and Linda’s relocation to a new home. The Agreement and the judgment of dissolution entered in November 1988 incorporating the Agreement also provided: “After the payment of the 60th installment of $2,000.00 after the sale of the subject residence, [Richard’s] obligation to pay spousal support to [Linda] shall terminate forever…

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