Martin

Martin v. Martin (In re Martin)

Good Law
244 Cal. Rptr. 3d 559·32 Cal. App. 5th 1195
Court of Appeal of CaliforniaMarch 11, 2019E069481California2,823 words

Opinion

Lead Opinion

McKinster, J.

*1197 Upon ending their marriage, respondent Craig Martin (husband) agreed to pay appellant Cynthia Martin (wife) spousal support for a period of four years. After discovering that wife had remarried, husband stopped paying spousal support and requested reimbursement of the total amount he had paid since her remarriage. The trial court granted husband's request and entered an order requiring wife to repay $ 27,000, plus $ 2,700 in attorney fees. Wife challenges the postjudgment order arguing that husband's spousal support obligation did not terminate by operation of law upon her remarriage because the parties had agreed in writing that Family Code section 4337 1 would not apply. We agree with wife and reverse the order of the trial court.

I. PROCEDURAL BACKGROUND AND FACTS

Husband and wife married on January 31, 2004, and separated on February 1, *561 2013. Six months later, husband petitioned to dissolve their marriage, and on December 2, 2013, a judgment was filed using the Judicial Council of California form FL-180 and a seven-page attachment (form SB-12035), 2 which set forth the court's orders respecting the parties' agreement. According to form SB-12035, husband was…

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