CALIFORNIA FAMILY LAW
...Spousal Support
......Termination/Duration of Support
.........Extension Past Termination Date
............Permitted
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.