CALIFORNIA FAMILY LAW
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Spousal Support
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Termination/Duration of Support
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Extension Past Termination Date
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9 Cards On This Topic:
If "right to request support" is reserved to a certain date, court has jurisdiction to extend support beyond that date.
Ambiguous language in MSA and stipulated judgment should be construed in favor of spousal support.
Spousal support conditioned on W's being fulltime college student properly terminated where W dropped out of school and MSA unambiguous.
Absent express language of termination, request to extend support may be made after date set for last payment.
MSA/judgment which did not specifically preclude extension of the duration of spousal support could be extended as to duration before termination date.
Power to modify support includes power to extend beyond unambiguous termination date, absent specific agreement or order to contrary.
Extension of support beyond unambiguous termination date, "to effectuate the intent of the parties," affirmed.
Reservation to extend support past a termination date will be implied whenever reasonable. Supported spouse should not become burden to society.
Waiver of support requires unambiguous waiver of known right.