In Re Marriage of Iberti

55 Cal. App. 4th 1434, 64 Cal. Rptr. 2d 766
CourtCalifornia Court of Appeal
DecidedJune 25, 1997
DocketB105345
StatusPublished
Cited by49 cases

This text of 55 Cal. App. 4th 1434 (In Re Marriage of Iberti) 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
In Re Marriage of Iberti, 55 Cal. App. 4th 1434, 64 Cal. Rptr. 2d 766 (Cal. Ct. App. 1997).

Opinion

55 Cal.App.4th 1434 (1997)

In re the Marriage of WALTER P. IBERTI and CHRISTINE PATRICIA FLANNERY IBERTI.
WALTER P. IBERTI, Respondent,
v.
CHRISTINE PATRICIA FLANNERY IBERTI, Appellant.

Docket No. B105345.

Court of Appeals of California, Second District, Division Five.

June 25, 1997.

*1436 COUNSEL

Simon Taub for Appellant.

Jacqueline Fox for Respondent.

[Opinion certified for partial publication.[*]]

OPINION

TURNER, P.J. —

I. INTRODUCTION

Walter P. Iberti (husband) brought an order to show cause in the trial court to terminate spousal support. The court concluded Christine Patricia Flannery Iberti (wife) was not entitled to spousal support after April 30, 1995. Wife appeals from the order. We affirm.

*1437 II. BACKGROUND

The parties were married on September 2, 1989, and separated on December 15, 1991. A judgment of dissolution of marriage was entered on August 12, 1992. The judgment incorporated the parties' marital settlement agreement. Regarding spousal support, the judgment provided as follows: "[Husband] shall pay to [wife] as permanent spousal support the sum of $2,100.00 per month payable in full on the first day of each month commencing August 15, 1992 and continuing for a period of forty eight (48) months through and including July 15, 1996. Except as expressly herein provided, said spousal support shall not be subject to modification as to amount or duration regardless of when application is made therefor. Said spousal support shall irrevocably terminate no later than July 15, 1996 and shall terminate prior thereto upon the first occurrence of any of the following events: ... [¶] (3) After July 15, 1993, if [wife] is not a full time student at an accredited college or university successfully completing 10 units each semester or quarter and is actively pursuing a Bachelors degree." (Italics added.) The judgment recites: "The Court finds that the parties have carefully bargained in this Judgment concerning all issues relating to spousal support, including the amount and duration. The termination date(s) concerning spousal support specified herein are absolute. Upon occurrence of any of the termination date(s) herein set forth, this Judgment cuts off forever the right of [wife] to ask for spousal support, the power of the Court to order spousal support, and the right of [wife] to receive spousal support. No Court shall have jurisdiction to extend or order any spousal support beyond the dates herein set forth and [wife] shall not make application therefor." (Italics added.)

The court retained jurisdiction as follows: "Except as otherwise specifically provided herein, the parties shall be subject to the continuing jurisdiction of the Court to settle any disputes arising from or to interpret this Judgment and to make any further orders necessary to enforce the provisions of this Judgment. However, nothing contained in this paragraph shall be deemed to modify the provisions re spousal support contained herein." (Italics added.)

On December 21, 1995, husband filed an order to show cause to terminate spousal support. He also sought to obtain a partial reimbursement of spousal support paid. The ground for the order was that wife had not been and was not enrolled in college. It was undisputed wife had dropped out of college as of May 1995. Husband stopped paying spousal support as of November 1, 1995. Wife presented evidence she had dropped out of college because of her mother's mental illness and subsequent suicide, in August 1995. Further, *1438 wife argued she had returned to college in January 1996.[1] Husband disputed wife's assertion she left school to spend time with her mother. With respect to the parties intentions, wife stated: "In all of the discussions leading up to the Judgment, it was understood that the spousal support would only terminate if I went to work and earned money instead of attending school." Husband stated: "[W]ife admits the spousal support is non-modifiable for forty eight months contingent on her going to school. The Judgment makes no reference to contingencies such as illness, because that was not stipulated to. [Wife] is aware of this. This is why we agreed to the ten (10) units versus a normal load of twelve (12) to sixteen (16) units. The Judgment took into account all of those issues." The trial court ruled spousal support was terminated as of April 30, 1995. Wife was ordered to reimburse husband for spousal support paid in the months of May through October 1995 in the sum of $12,600. The court concluded, "Pursuant to the [marital dissolution judgment], the court has no jurisdiction as to the issue of spousal support...."

The order was entered on May 31, 1996. On June 10, 1996, wife requested a statement of decision. The request was denied as untimely.

III. DISCUSSION

.... .... .... .... .... .... ....[*]

(1a) Wife contends the trial court had jurisdiction to consider her reasons for leaving school. She further asserts: "What has to be read into the language of the Judgment is that [wife] receives spousal support while she is a full-time student at an accredited college, but if for some reason she is unable in good faith to attend college, then her time is extended." It is argued the spousal support provision is ambiguous as to the circumstances surrounding wife's ability to stay in school. Wife explains the purported ambiguity as follows: "What is meant by the language in the Judgment that says that spousal support terminates after July 15, 1993 if [wife] is not a full-time student at an accredited college? [¶] Does it mean that the spousal support terminates if [wife] is involved in an automobile accident and in the hospital for an extended period of time? [¶] Does it mean that spousal support terminates if [wife] has a mental breakdown? What if one of her children becomes ill and she has to leave school for an extended period of time in order to nurse the child? [¶] To reduce the argument to absurdity, *1439 what if [wife] is on a vacation and her bus is hijacked and she is made a prisoner for a period of 90 days and is no longer a full-time student at an accredited college[?]" We find that while the trial court retained jurisdiction to interpret the judgment incorporating the marital settlement agreement,[2] no interpretation was required; there was no ambiguity and no evidence of a meaning as to which the language of the agreement was reasonably susceptible which was favorable to wife.

(2) When, as here, no conflicting extrinsic evidence is offered of an interpretation as to which the language of a marital settlement agreement is reasonably susceptible, and the facts are otherwise undisputed, we apply the unambiguous contract terms to the undisputed facts as a matter of law. (Messenger v. Messenger (1956) 46 Cal.2d 619, 626 [297 P.2d 988]; Fox v. Fox (1954) 42 Cal.2d 49, 52 [265 P.2d 881]; Lucas v. Elliot (1992) 3 Cal. App.4th 888, 892 [4 Cal. Rptr.2d 746]; Estate of Butler (1988) 205 Cal. App.3d 311, 317 [252 Cal. Rptr. 210]; In re Marriage of Williams (1972) 29 Cal. App.3d 368, 377 [105 Cal. Rptr. 406].) Marital settlement agreements incorporated into a dissolution judgment are construed under the statutory rules governing the interpretations of contracts generally. (Civ. Code, § 1635 et seq.;

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Cite This Page — Counsel Stack

Bluebook (online)
55 Cal. App. 4th 1434, 64 Cal. Rptr. 2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-iberti-calctapp-1997.