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At the time of filing the petition herein, petitioner
resided in Scotts Valley, California.
The underlying claim which gave rise to the present dispute
involved the classification of certain payments received by
petitioner during 1990 from her former husband, Lloyd Leichter
(Leichter), pursuant to a stipulated judgment of divorce. An
attachment to the judgment was signed by the judge on June 4,
1990, and filed by the Superior Court of California, County of
Santa Clara, on June 11, 1990. This four-page document includes
the amounts Leichter agreed to pay to petitioner. Specifically,
it reads:
The previous spousal support award of
$1,600.00/month shall remain in force until and unless
further court order. Additionally, [Leichter] shall
pay to [petitioner] $1,000.00/month in child support
until Tia graduates from high school or July 1, 1989,
whichever occurs last. The amount of [petitioner's]
spousal support shall increase by $1,000.00/month for a
period of twelve years (144 months). This increase
shall not be modifiable nor shall such payment by
[Leichter], or receipt by [petitioner] be used by
[Leichter] as grounds for reduction of spousal support,
nor shall said $1,000.00 amount be includable as income
on any future request for response to modify the amount
of spousal support. The court shall reserve
jurisdiction over the issue of spousal support payable
to the parties.
Attached to the document is a promissory note which obligates
Leichter to pay $108,000 to petitioner in order to equalize their
community property interests "in the form of additional spousal
1(...continued)
Court Rules of Practice and Procedure.
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Last modified: May 25, 2011