Marriage of Nhothsiri and Mingsisouphanh CA5

FACTS AND PROCEDURAL HISTORY

Appellant Viengkham Mingsisouphanh (appellant) was the respondent in a dissolution of marriage action filed in 2007 by respondent in this appeal, Sanoeun Nhothsiri (respondent). The petition for dissolution alleged the parties were married on January 5, 2000. Appellant filed a response in the dissolution action stating the date of marriage as January 5, 2000. There was a contested dissolution hearing at which appellant and other witnesses testified. The court entered judgment on January 28, 2010, reciting January 5, 2000, as the date of marriage and, apparently, awarding spousal support. In June 2011, appellant was notified by letter that her spousal support would be ending. On June 10, 2011, appellant filed the present motion to set aside the dissolution judgment. In her declaration in support of the motion, she states: “I did not realize that [respondent] had fraudulently provided the incorrect date of marriage. It is my belief that [respondent] knowingly and purposely provided an incorrect date to the Court in order to protect his retirement.” She alleged she and respondent were married in Laos in 1981 in a religious ceremony that did “not require…