Marriage Of Hufford

152 Cal. App. 3d 825 (1984)

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Nature of the Case

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Facts

On March 1, 1978, H and W filed in court a signed written 'stipulation' and waiver of rights prepared by W's counsel, covering among spousal support, division of property, attorney's fees and waivers. Paragraph 2 of the agreement provided for H to pay spousal support of $1,200 per month for the first two years and thereafter $600 per month until W remarried or died. Paragraph 6 recited the parties' agreement that 'this court shall retain jurisdiction, after rendering the Final Judgment of Dissolution in the subject action, to determine all issues raised by this agreement and not specifically excluded from this reservation of jurisdiction.' Paragraph 10 provided: 'This agreement is entire. We may not alter, amend, or modify it, except by an instrument in writing executed by both of us. It includes all representations of every kind and nature made by each of us to the other. This agreement shall be binding upon and inure to the benefit of both of us, and of our heirs, administrators, executors, successors, and assigns.' On July 14, 1982, H filed an order to show cause for modification of spousal support from reduced ability to pay because of lesser income and increased obligations for a new wife and five children. W recited paragraph 10 of the agreement. The court denied H's request. H appealed.