Nicole v. Left
208 Cal. App. 4th 1137
Cal. Ct. App.2012Background
- Married in June 2001; separated February 2006; two children (Jordan, 8; Lauren, 7).
- Stipulation of February 7, 2007 required Andrew pay $32,547/month spousal and $14,590/month child support.
- Dissolution judgment (status only) entered June 30, 2008; court reserved jurisdiction on other issues.
- December 2008 engagement and May 2, 2009 commitment ceremony with Todd; no marriage license obtained.
- Andrews OSC (October 19, 2009) sought termination of spousal support on remarriage grounds; Andrea filed contempt OSC for past-due support.
- September–December 2010 rulings reduced spousal support to $20,000/month and increased child support to $19,075/month; retroactivity limited to May 15, 2010; final order signed December 16, 2010; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Andrea’s ceremony with Todd constituted remarriage under §4337 | Left argues commitment ceremony qualifies as remarriage | Left contends ceremony is not a legal remarriage due to no license | Remarriage under §4337 requires a valid marriage; ceremony lacking license not a remarriage |
| Whether Andrea should be estopped from denying remarriage | Left asserts estoppel due to conduct | Left claims quasi-estoppel; estoppel not applicable to denial of marriage | Estoppel not established; quasi-estoppel rejected; no bar to denial of remarriage |
| Whether trial court properly weighed length of the marriage in modifying spousal support | Left emphasizes short duration warrants termination | Court has broad discretion under §4320 and weighed multiple factors | Court did not abuse discretion; considered factors beyond length (cohabitation, ability to self-support) |
| Start date for modifications to spousal and child support | Retroactivity should date from filing of OSC (Oct 2009) | Court limited retroactivity to May 15, 2010 based on FL-150 filing | Modification date limited by filing; no retroactive effect to Oct 2009 for spousal support; child support start date reserved then set May 15, 2010 |
| Reservation of jurisdiction to retroactively modify child support | Reservation violated Murray/Gruen | Final order did not include reservation language | Reservation language not in final order; issue thus unnecessary on appeal |
Key Cases Cited
- Sefton v. Sefton, 45 Cal.2d 872 (Cal. 1955) (remarriage and alimony history; effects of remarriage on duties)
- Berkeley v. Berkeley, 269 Cal.App.2d 872 (Cal. App. 1969) (remarriage/alimony when remarriage is void or voidable)
- Fry v. Fry, 5 Cal.App.3d 169 (Cal. App. 1970) (remarriage annulment and alimony termination)
- In re Marriage of Campbell, 136 Cal.App.4th 502 (Cal. App. 2006) (remarriage before dissolution; policy against remarriage before dissolution)
- In re Marriage of Murray, 101 Cal.App.4th 581 (Cal. App. 2002) (retroactivity consideration in modifications)
- In re Marriage of Ditto, 206 Cal.App.3d 643 (Cal. App. 1988) (court may enter different judgment than announced)