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Marriage of Hufford

Court of Appeal of California
152 Cal. App. 3d 825 (1984)


Facts

Pursuant to a marital settlement agreement, Guy (plaintiff) and Dorothy (defendant) Hufford filed a written stipulation and waiver of rights on March 1, 1978. The stipulation and waiver contained an agreement that Guy would pay Dorothy spousal support. Paragraph six of the agreement stated that the court would retain jurisdiction to decide any matters that were subsequently raised by the agreement. Finally, paragraph 10 provided that the agreement was “entire” and that the parties could not alter, amend, or modify it, except by a written agreement. In 1982, Guy filed an order to show cause for modification of spousal support because he had remarried and had five children to support. Dorothy opposed the motion, stating that paragraph 10 indicated that the spousal support provision was not modifiable. The trial court denied Guy’s request for modification, and Guy appealed the trial court’s decision.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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