In Re Marriage of Maxfield

142 Cal. App. 3d 755, 191 Cal. Rptr. 267
CourtCalifornia Court of Appeal
DecidedMay 6, 1983
Docket50536
StatusPublished
Cited by13 cases

This text of 142 Cal. App. 3d 755 (In Re Marriage of Maxfield) 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 Maxfield, 142 Cal. App. 3d 755, 191 Cal. Rptr. 267 (Cal. Ct. App. 1983).

Opinion

142 Cal.App.3d 755 (1983)
191 Cal. Rptr. 267

In re the Marriage of GEORGINA J. and CHARLES W. MAXFIELD.
GEORGINA J. MAXFIELD, Appellant,
v.
CHARLES W. MAXFIELD, Respondent.

Docket No. 50536.

Court of Appeals of California, First District, Division Four.

May 6, 1983.

*757 COUNSEL

John F. Foley for Appellant.

Edward S. Miller for Respondent.

OPINION

CHRISTIAN, J.

Georgina J. Maxfield appeals from an order in this marital proceeding dismissing a contempt proceeding and vacating a prior order for *758 modification of the interlocutory judgment of dissolution. Reversal is required as to both actions.

The procedural sequence must be related in detail. On August 3, 1976, the superior court rendered an interlocutory judgment of dissolution of the marriage of Georgina and Charles Maxfield, reserving jurisdiction to award spousal support for a period of two years.

The judgment recognized a community property interest in husband's pension from Lockheed, his employer at that time. It provided that wife was entitled to a portion of payments ultimately received by husband according to the following formula:

One-half of each payment received by respondent upon his retirement from Lockheed computed as follows:

          13                Monthly
     Total months    X    payment from
     employed by            Lockheed
      Lockheed

The decree also awarded wife "$425.00 per month as spousal support beginning on July 15, 1976, for three months, and $325.00 per month beginning on October 15, 1975 [sic] for three months." The court reserved "jurisdiction to award spousal support" until July 15, 1978.

On July 11, 1978, pursuant to a stipulation executed by the spouses and their attorneys, the court modified the interlocutory judgment. The stipulated modification provided that husband pay wife a lump sum of $1,000 immediately and spousal support of $750 per month commencing July 1, 1978. It further stated that monthly spousal support "shall be increased by 8 percent" each year. The wife waived all interest in husband's pension "including the right to receive any portion thereof as set forth in ... the Interlocutory Judgment" of 1976.

Initially husband complied with the support provisions of the modification. But in December 1979 he ceased making spousal support payments and, on advice of counsel, informed wife that he considered the 1978 modification void and nonbinding. Wife sought a contempt sanction to enforce the decree as modified. After hearing testimony the court terminated the contempt hearing and vacated the order of modification on the ground that "the order of modification was entered in reliance upon the partys' [sic] stipulation and not upon a showing of substantial change of circumstances." The present appeal followed.

*759 I

(1a) Where no party appeals or otherwise directly attacks, within the applicable statutory periods, a modification in the spousal support component of an interlocutory judgment of dissolution, that modification becomes final for purposes of res judicata and collateral estoppel. (Wodicka v. Wodicka (1976) 17 Cal.3d 181, 188-189 [130 Cal. Rptr. 515, 550 P.2d 1051].) (2a) The court nevertheless vacated the order of modification, because the order failed to recite findings of changed circumstances. It is true that such findings are ordinarily a prerequisite for a modification of spousal support. (In re Marriage of Clements (1982) 134 Cal. App.3d 737, 745-746 [184 Cal. Rptr. 756].) It is not error, however, to make no findings of changed circumstances where the parties have stipulated to the terms of the modification and their attorneys have drafted and submitted to the court the order ultimately entered. (Compare In re Marriage of Davis (1983) 141 Cal. App.3d 71, 75-76 [190 Cal. Rptr. 104] [findings mandatory "where requested"].) (1b) Doctrines of waiver and invited error will generally bar even direct attack upon an order or judgment entered pursuant to stipulation. Here, husband did not appeal the order or make a timely motion under Code of Civil Procedure section 473 to set it aside. The stipulated modification thereby became res judicata. (In re Marriage of Buckley (1982) 133 Cal. App.3d 927, 934-936 [184 Cal. Rptr. 290]; see also In re Marriage of Mahone (1981) 123 Cal. App.3d 17, 21-22 [176 Cal. Rptr. 274].)

(2b) The claimed error does not render the order void. The court had jurisdiction over the parties and subject matter. In the sense that any error is contrary to law, the court arguably exceeded its "authority," as husband claims, by not expressly finding changed circumstances before modifying spousal support. The defect, however, is merely a nonjurisdictional mistake of law and the order remains immune from collateral attack. Haldane v. Haldane (1962) 210 Cal. App.2d 587 [26 Cal. Rptr. 670], is instructive. There, the husband maintained that an interlocutory dissolution decree was void due to the wife's failure at trial to introduce corroborative evidence of her residency. The court found this deficiency in the showing of the prevailing party at the prior proceeding did not prevent that determination from being res judicata. "Although this oversight was judicial error which would have required a reversal if an appeal had been taken from the judgment [citation], it does not follow that the interlocutory decree was void." (Id., at p. 597.) Similarly, in Badillo v. Badillo (1981) 123 Cal. App.3d 1009 [177 Cal. Rptr. 56], a court ordered an allegedly unequal division of community property and thereby exceeded its jurisdiction by awarding relief in excess of that demanded in the complaint. "The relief awarded is within the scope of the prayer for disposition of property `according to law,' even though the offset failed to comply with Civil Code section 4800. The error is subject to reversal or modification on appeal, but is not void or subject to collateral attack [citations]." (Id., at p. 1012.)

*760 (3a) A judgment or order which has become final may be set aside upon grounds of extrinsic fraud or mistake. (In re Marriage of Park (1980) 27 Cal.3d 337, 342 [165 Cal. Rptr. 792, 612 P.2d 882]; Kulchar v. Kulchar (1969) 1 Cal.3d 467, 471-473 [82 Cal. Rptr. 489, 462 P.2d 17, 39 A.L.R.3d 1368]; In re Marriage of Carletti (1975) 53 Cal. App.3d 989, 992-993 [126 Cal. Rptr. 1]; In re Marriage of Nicolaides (1974) 39 Cal. App.3d 192, 198 [114 Cal. Rptr. 56].) "Intrinsic fraud or mistake, on the other hand, is not grounds for relief. When the fraud or mistake `"goes to the merits of the prior proceedings, which should have been guarded against by the plaintiff at that time,"' relief is denied in deference to the stronger policies of finality of judgments and res judicata. [Citations.]" (In re Marriage of Wipson (1980) 113 Cal. App.3d 136, 141-142 [169 Cal. Rptr. 664].) As husband had every opportunity during the modification proceedings to require the wife to show changed circumstances, the absence of proof and findings on this subject is intrinsic mistake.

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Bluebook (online)
142 Cal. App. 3d 755, 191 Cal. Rptr. 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-maxfield-calctapp-1983.