Egan v. Egan

251 Cal. App. 2d 577, 59 Cal. Rptr. 705, 1967 Cal. App. LEXIS 2009
CourtCalifornia Court of Appeal
DecidedJune 5, 1967
DocketCiv. No. 30406
StatusPublished
Cited by3 cases

This text of 251 Cal. App. 2d 577 (Egan v. Egan) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Egan v. Egan, 251 Cal. App. 2d 577, 59 Cal. Rptr. 705, 1967 Cal. App. LEXIS 2009 (Cal. Ct. App. 1967).

Opinion

ROTH, P. J.

In 1954 appellant Barbara J. Egan and her then husband, respondent George W. Egan, executed a property settlement agreement disposing of their property and providing for the support and maintenance of Barbara and the two daughters of the marriage: Sally, then 6%, and Patricia, then 2%, years old. The agreement was by reference incorporated into an interlocutory decree of divorce granted Barbara on March 25, 1954. The interlocutory decree specifically set forth payments required for maintenance and support of Barbara at $150 per month until death or remarriage, and $50 per month each for the support and maintenance of the children.

On September 21, 1965, pursuant to respective motions made by the parties, the trial court ordered an increase in the child support payments to a total of $250 per month, and a reduction in “alimony” payments to Barbara from $150 per month to $1.00 per year.

■ Barbara appealed “from that portion of the order made September 21, 1965, denying plaintiff’s motion to dismiss defendant’s request for modification of plaintiff’s support pay[579]*579ments on the ground that the Property Settlement Agreement, which is incorporated in the Interlocutory Judgment of Divorce, is integrated.” The appeal will be treated as having been taken from that portion of the order reducing the amount of support and maintenance for Barbara from $150 per month to $1.00 per year.

Appellant contends that the 1954 propertly settlement was integrated and therefore not subject to modification by the court.

The pertinent provisions of the agreement are as follows:

‘' This agreement is made and entered into this 11th day of February, 1954, by and between Barbaba J. Egan, hereinafter referred to as the “Wife”, and George W. Egan, hereinafter referred to as the ‘ ‘ Husband. ’ ’
“The parties hereto contract with reference to the following facts:
“H. The parties desire by this agreement to malte a full and final settlement of all their respective property rights, interests and claims in and to all property now owned by them, or either of them, or which they or either of them may hereafter acquire; to fully and finally settle and determine all rights and matters of maintenance, support, inheritance, and each and every claim of whatsoever nature that either of them may have against the other; and to settle and provide for the care, custody and education of the minor children.
“Now, Therefore, the parties hereto agree as follows:
“1. Maintenance and Support of Wife. The Husband shall pay the Wife the sum of $150 per month for her support and maintenance, payable on the 15th day of each month, commencing February 15, 1954, and continuing thereafter until the death or remarriage of the Wife. . . .
“In consideration of the payments herein provided for and the covenants and agreements of the Husband hereafter set forth, wherein the Wife receives, among other things, substantially all of the community and joint tenancy property of the parties, the Wife hereby waives and relinquishes all other rights to alimony, support and maintenance which she may have or hereafter acquire against the Husband, and, in particular, waives any right she may now have or hereafter acquire to increase the amount of the monthly payments made by the Husband for her support and maintenance in excess of the amounts herein provided for. ’ ’

[580]*580The fundamental inquiry in determining whether a property settlement agreement is integrated is the intent of the parties. (DiMarco v. DiMarco, 60 Cal.2d 387, 392 [33 Cal.Rptr. 610, 385 P.2d 2]; Plumer v. Plumer, 48 Cal.2d 820 [313 P.2d 549]; Biagi v. Biagi, 233 Cal.App.2d 624 [43 Cal. Rptr. 707]; Heller v. Heller, 230 Cal.App.2d 679 [41 Cal.Rptr. 177]; Roberts v. Roberts, 226 Cal.App.2d 507, 512 [38 Cal.Rptr. 176]; Clark v. Clark, 198 Cal.App.2d 521, 529 [17 Cal.Rptr. 652]; Baker v. Baker, 192 Cal.App.2d 730, 732 [13 Cal.Rptr. 772].)

In DiMarco, the court, commencing at p. 391, summarizes the indicia of an integrated agreement:

“ (1) An agreement between husband and wife providing that the purpose of the parties is to reach a final settlement of their rights and duties with respect to both property and support, that they intend each provision to be in consideration for each of the other provisions, and that they waive all rights arising out of the marital relationship except those expressly set out in the agreement will be deemed conclusive evidence that an integrated agreement was intended. (Plumer v. Plumer, 48 Cal.2d 820, 825 [313 P.2d 549] ; Messenger v. Messenger, 46 Cal.2d 619, 628 [297 P.2d 988].)

“(2) The absence in a property settlement agreement of any statement that the support provisions constitute reciprocal consideration for the property provisions is not conclusive if there is other proof of the parties’ intent. No such statement appears in the property settlement agreement involved in Plumer v. Plumer, supra. (See also Dexter v. Dexter, 42 Cal.2d 36, 43 [265 P.2d 873]; Clark v. Clark, 198 Cal.App.2d 521, 531 [17 Cal.Rptr. 652]; Grolla v. Grolla, 151 Cal.App.2d 253, 259 [311 P.2d 547].)

“ (3) The fact that support payments may be designated ‘alimony’, while entitled to some consideration in an effort to ascertain the intent of the parties, is not controlling. (Messenger v. Messenger, supra, 46 Cal.2d at p. 625; Grolla v. Grolla, supra, 151 Cal.App.2d at p. 258.)

“ (4) The fact that a property settlement agreement looks to the future and is geared for revision upwards does not require an inference of severability. (See Bradley v. Superior Court, 48 Cal.2d 509 [310 P.2d 634]; Burr v. Crellin, 159 Cal.App.2d 275 [323 P.2d 830] ; Arthur v. Arthur, 147 Cal.App.2d 252, 256 [305 P.2d 171]. "

In DiMarco, the court then says:

“ (5) Where a husand and wife have made provisions for [581]*581support and maintenance an integral part of their property-settlement agreement, the support payments will ordinarily have a dual character.

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71 T.C. 541 (U.S. Tax Court, 1979)
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268 Cal. App. 2d 857 (California Court of Appeal, 1969)

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251 Cal. App. 2d 577, 59 Cal. Rptr. 705, 1967 Cal. App. LEXIS 2009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egan-v-egan-calctapp-1967.