Varner v. Varner

Opinion

McKINSTER, Acting P. J. A former wife appeals from an order which modified her spousal support award by reducing the level of support, limiting it to one additional year, and terminating jurisdiction to make further modifications in it thereafter. Concluding that the trial court erred both in limiting support to one year and in terminating jurisdiction, we modify the order by striking those provisions and affirm it as modified.

Factual and Procedural Background

After living together for about two years, Kim Denise Varner and Stephen Varner were married in December of 1977. At that time, Kim was 17 years old. They produced three children, bom in 1978, 1979, and 1982.

The parties separated in either June 1983 or August 1984, and Kim petitioned for dissolution of their marriage in August 1984. The action was repeatedly continued and finally taken off calendar in October of 1985 when the parties reconciled. Two more children were bom to the parties thereafter.

The parties again separated in September of 1989, and Kim resumed prosecution of the dissolution action. By a judgment entered in July of 1993 which incorporated a stipulation between the parties, the marriage was dissolved and the community property was divided. Primary physical custody of the five children was awarded to Kim. The judgment also ordered Stephen to pay family support to Kim in the sum of $6,000 per month. (Fam. Code, § 92.)1 The court retained jurisdiction over child and spousal support.

In January of 1994, Kim moved to set aside the judgment on the grounds that Stephen had failed to disclose the full extent and value of the community property. (§ 2122, subd. (e).) The trial court denied the motion in June of 1994. Kim appealed that denial in August of 1994.

Meanwhile, in April of 1994, Stephen moved for a modification of family support. In September of 1994, the amount payable by Stephen was reduced [935]to $2,000 per month. Following a further hearing, and in lieu of family support, in November of 1994 the trial court ordered Stephen to pay to Kim monthly child support in the sum of $930, and monthly spousal support in the sum of $870, for a total of $1,800. In April of 1995, child support was ordered reduced to $856 per month.