Mendoza

Mendoza v. Cuellar (In re Mendoza)

Good Law
14 Cal. App. 5th 939·222 Cal. Rptr. 3d 420
Court of Appeal of CaliforniaAugust 25, 2017G053820California1,352 words

Opinion

lead Opinion

Thompson, J.

*941 Noemi M. Mendoza appeals the denial of her request to make a permanent spousal support order retroactive to the filing date of her petition for marriage dissolution. The trial court based its denial on Mendoza's failure to request temporary spousal support. We agree such failure was fatal to Mendoza's retroactivity request. Unlike with temporary spousal support, a court's discretion to make a permanent spousal support order retroactive is limited by Family Code section 4333. 1 The statute allows retroactivity only to the date of filing of the notice of motion or order to show cause regarding permanent support, not to the initiation of the action. We, therefore, affirm the judgment.

FACTS

In May 2014, Mendoza filed a petition for dissolution, seeking to dissolve her more than 22-year long marriage to Elias R. Cuellar. She used the relevant Judicial Council form for the petition and checked the box indicating she was seeking spousal support. Following a mandatory settlement conference, the parties came to an agreement on certain issues. Spousal support was among the few issues left for trial.

Prior to the dissolution hearing, Mendoza filed a trial brief and various other…

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