The Fourth Appellate District reversed a judgment and remanded. The court held in a case of first impression that the time for moving to modify spousal support under Fam. Code §4326 based upon termination of child support had to be construed to include a period reasonably contemporaneous with, even though technically after, the event of discontinuation of child support.
Upon the dissolution of the 16-year marriage of Laurie and Richard Kacik, a stipulated child support order was entered providing for $1125 in monthly child support from Richard to Laurie, which was to last until their only child reached the age of 18. The order also provided for the payment of spousal support. Spousal support was to be reduced to zero on February 15, 2008, but the court would retain jurisdiction over the issue until death, remarriage or further order of the court.
