Bereznak

Bereznak v. Heminger

Good Law
110 Cal. App. 4th 1062·2 Cal. Rptr. 3d 351
Court of Appeal of CaliforniaJuly 24, 2003No. H025176California3,312 words

Opinion

lead Opinion

Elia, J.

*1064 Opinion

In this appeal Bradley Bereznak seeks review of family court orders denying his petition to vacate an arbitration award and granting respondent Susan Heminger’s petition to confirm the award. Appellant’s principal contention is that the parties’ stipulation to submit child support issues to arbitration was void as against public policy. He further challenges the specific findings made by the trial court in ruling on the competing petitions. We agree with appellant that the parties’ stipulation to engage in binding arbitration was void to the extent that it purported to deprive the court of jurisdiction to modify child support. We will reverse the order and direct the court to dismiss both parties’ petitions.

Background

In 1999, several years after the dissolution of the parties’ marriage, respondent moved for modification of child support, a determination of support arrearages, and other relief. In January 2000 the court entered an order resolving these issues. In that order, by stipulation of the parties, the court stated that any future modification of child support would be submitted to Sherrol Cassedy for binding arbitration.

In March 2000 appellant contacted…

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