Davis

Davis v. Davis

Good Law
120 Cal. App. 4th 1007·16 Cal. Rptr. 3d 220
Court of Appeal of CaliforniaJuly 22, 2004No. B169206California5,390 words

Opinion

lead Opinion

Curry, J.

*1010 Opinion

INTRODUCTION

This matter arises after a judgment of marital dissolution was entered as to the marriage of Brian and Victoria Davis. Victoria appeals from a domestic relations order entered after Brian brought an order to show cause with regard to the effect of a postdissolution enhancement of his retirement benefits on his obligation to pay spousal support. Based on the nature of the retirement benefits at issue and the language of the judgment of dissolution, which incorporated the terms of the parties’ marital settlement agreement, the trial court ruled that Brian’s spousal support obligation effectively terminated at the time he began participating in the enhanced retirement program. As we will explain, based on our independent interpretation of the relevant case law and the language of the judgment of dissolution, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Judgment of Marital Dissolution

The parties were married on September 4, 1966. Brian filed a petition for marital dissolution on January 9, 2001. Victoria filed a response on January 18, 2001. On March 8, 2001, the parties filed a stipulation agreeing that Brian would pay Victoria $1,480 per…

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