Marriage of Kelkar
229 Cal. App. 4th 833
| Cal. Ct. App. | 2014Background
- Mary Kelkar pleaded no contest to unlawfully using a deadly weapon in 2000, predating §4325.
- §4325 creates a rebuttable presumption against spousal support to the abusing spouse in DV cases.
- In 2004, Anand and Mary entered a stipulated judgment ordering spousal support with continuations and increases, noting Mary’s disability status.
- Mary later harassed Anand and violated restraining orders; Anand and Mary later disputed spousal support and §4325 applicability.
- In 2012, the family court terminated spousal support, applying §4325 retroactively after finding Anand unaware of §4325 when signing the stipulation.
- This appeal followed challenging retroactivity, modification, waiver, and estoppel defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of §4325 | Kelkar argues §4325 should not apply retroactively. | Kelkar contends no retroactivity bar; court should apply new statute. | §4325 retroactive; applicable to support order. |
| Modifiability of the stipulated judgment | Mary asserts the stipulation is nonmodifiable. | Public policy under §4325 allows modification. | Stipulated judgment modifiable; §4325 overrides nonmodifiability. |
| Waiver of §4325 rights | Anand waived rights by paying for years without knowledge of §4325. | No waiver; conduct insufficient to show intent to relinquish rights. | No waiver found; no reliance or intent shown. |
| Equitable estoppel | Mary argues Anand is equitably estopped from asserting §4325. | No reasonable reliance and lack of prejudice; estoppel not established. | Equitable estoppel not proven; not barred from asserting §4325. |
Key Cases Cited
- In re Marriage of Fellows, 39 Cal.4th 179 (Cal. 2006) (due process retroactivity framework for family law)
- In re Marriage of Bouquet, 16 Cal.3d 583 (Cal. 1976) (state interest in equitable distribution supports retroactivity)
- Addison v. Addison, 62 Cal.2d 558 (Cal. 1965) (police power interest to reallocate marital property rights)
- In re Marriage of Cauley, 138 Cal.App.4th 1100 (Cal. App. 2006) (public policy against domestic violence supports modification)
- Freitas v. Freitas, 209 Cal.App.4th 1059 (Cal. App. 2012) (modification post-violence conviction recognized; §4325 applicable)
- In re Marriage of Vomacka, 36 Cal.3d 459 (Cal. 1984) (compliance with spousal support requirements to limit court authority)
- In re Marriage of Brown, 35 Cal.App.4th 785 (Cal. App. 1995) (case law on enforceability and modification of support orders)
- Howell v. Superior Court, 195 Cal.App.4th 1062 (Cal. App. 2011) ( dicta on retroactivity fundamental limits; not controlling here)
- Carter v. California Dept. of Veterans Affairs, 38 Cal.4th 914 (Cal. 2006) (retrospective enforcement and clarification of statute)