Davidson v. Superior Court

KINGSLEY, J.

On February 7, 1963, petitioner and his then wife (a divorce action between them being then pending) entered into what they denominated a “Separation, Support and Property Settlement Agreement.” Following substantially the form suggested in “Family Law for California Lawyers,” published in 1956 by the Committee on Continuing Education of The State Bar of California, this agreement recites that " (d) The parties hereto desire, by this Agreement, to make a complete and final settlement of all of their property, now owned by the parties hereto, and property which may hereafter be acquired by either of them,

[627]

and to provide for the future support of the minor child.” The parties then, in paragraphs IV and V, provide for a division of the community property and for the assumption by the husband of all community debts and income tax liabilities, assigning to the husband “as a material inducement” for his assumption of these liabilities, any income tax refund which might be receivable. In paragraph VI, the wife waived alimony. As to child support, the agreement provides:

“VII

“Support and Custody op Minor Child:

“(a) Subject to the orders of any Court of competent jurisdiction, Wife shall have custody of the minor child of the parties, to wit: Janice Michel, subject to the right of Husband to visit the said minor child on Wednesday of each and every week between the hours of 5:00 P.M. and 7:30 P.M., and to have physical possession of said minor child on alternate week-ends from 10:00 A.M. Saturday until 7:30 P.M. Sunday.

“In addition to the foregoing, the parties hereby agree that each will be entitled to one-half (%) day physical custody of said minor child, on all legal and religious holidays. Further, Husband will be entitled to an additional evening’s visitation for each week he is unable to exercise his aforesaid visitation rights, due to his absence from the city for reasons of business.

“(b) Husband agrees to pay to Wife, for the support, care, education and maintenance of the aforementioned Janice Michel, the sum of One hundred eight and 33/100 Dollars (108.33) per month. Such payments shall be payable at the rate of Twenty-five dollars ($25.00) per week, commencing on the 17th day of August 1962, and continuing each and every Friday thereafter through the minority of said child, or until said child dies or becomes self-supporting, unless otherwise agreed upon by the parties, or as may otherwise be hereafter ordered by the Court. ’ ’