Hibbard

Hibbard v. Hibbard

Good Law
151 Cal. Rptr. 3d 553·212 Cal. App. 4th 1007
Court of Appeal of CaliforniaJanuary 15, 2013No. A135901California4,682 words

Opinion

Lead Opinion

Baskin, J.

Howard L. Hibbard (Howard) 1 appeals from an order denying a modification of his obligation to pay his former wife, Lydia H. Hibbard (Lydia), spousal support of $2,000 per month. When the parties, who are both lawyers, divorced, their written agreement required Howard to pay to Lydia spousal support in an amount of $4,000 per month, and it allowed for a downward modification under certain limited circumstances “but shall not be reduced to an amount of less than two thousand dollars per month . . . .” Several years later, Howard became completely disabled and sought to modify the spousal support order by invoking the court’s inherent jurisdiction to modify it. (See Fam. Code, § 3591.) 2 The trial court concluded it retained *1010 jurisdiction to modify the agreement, but denied relief to Howard based on the absence of any of the very limited circumstances permitting modification of the agreement. We affirm.

I.

Factual and Procedural Background

Howard is a Vietnam combat veteran with two Bronze Stars for valor in ground combat. As a result of his service in Vietnam, he has suffered from symptoms of posttraumatic stress disorder (PTSD) since 1970. According to his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.