Hopefully you will reach a point in your dissolution proceedings where you have the opportunity to settle your case. A frequent sticking point is the issue of the duration of spousal support. Usually a judgment will include language indicating that spousal support will end on a certain date.
For example, Husband shall pay spousal support in the amount of $1,000 per month, with the last payment due on June 1, 2016. Let’s assume that is what your order said. What happens if wife decides in March of 2016 to ask for additional support after June 1, 2016? The issue is going to be whether the court has jurisdiction to award additional support beyond that date. Another question is what happens if in October of 2014, wife asks the court to increase spousal support to $1,500 a month? What does the court do?
Vomacka, stands for Marriage of Vomacka (1984) 36 Cal.3d 459, a 1984 Supreme Court of California case. The Vomacka court determined that jurisdiction to award or grant requests for spousal support is reserved until a specified date, the court has fundamental jurisdiction until that date to take new action concerning support. Therefore, unless otherwise clearly agreed to in writing, this jurisdiction includes the power to extend support beyond the last date the court can act. Thus, the spouse seeking additional support would have to ask the court to extend the deadline before the court’s jurisdiction ended to order support. In our example, she would have to file a motion to be heard before June 1, 2016.
Well if your intent is to make spousal support non modifiable as to duration or amount and divest the court of jurisdiction to enter an order extending support or changing the amount, that language needs to be included in your settlement agreement. It is a very good idea to state in the agreement that it is intended to avoid the result of Marriage of Vomacka. That way the court does not have the ability to modify or extend support in contravention of the parties’ agreement.
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