- 3 -
understood that payments to be made under the MTA were to provide
financial support for Ms. Wells and the children.
The Superior Court approved the MTA and made it an Order of
the Court. The relevant portions of the Superior Court’s order
are recited below:2
14. CHILD CUSTODY AND SUPPORT:
A. SPOUSAL SUPPORT Neither party shall pay the
other any amount for support, however, the Court will
reserve jurisdiction over the right to award spousal
support until December 26, 1995, at which time the
right to grant spousal support for either party shall
terminate without further order of the court. If you
fail to pay any court ordered child support, an
assignment of your wages will be obtained without
further notice to you.
* * *
C. FAMILY SUPPORT ORDER:
* * * [Petitioner] shall pay to * * * [Ms. Wells]
as and for the FAMILY SUPPORT ORDER sum of $2,000.00
per month, until the sale of their house, one and a
half (1 1/2) months after the sale of the house, the
FAMILY SUPPORT ORDER shall increase to the sum of
$3,238.00 per month, payable one-half on the first and
one-half of [sic] the fifteenth day of each month,
commencing March 1, 1990, and continuing thereafter
until further Order of the Court or until the child
marries, dies, is emancipated, reaches 19 or reaches 18
and is not a full-time high school student residing
with a parent, whichever first occurs. * * * [Ms.
Wells] shall immediately report to * * * [petitioner]
the name, address and phone number of her Employer and
2 California recognizes three forms of support: Child,
spousal, and family. See Cal. Fam. Code sec. 150 (West 1994).
We note that the Cal. Fam. Code, enacted in 1992 and operative
from Jan. 1, 1994, was derived from the family law provisions of
the Cal. Civ. Code, Code of Civ. Proc., Evid. Code, and Prob.
Code. The relevant portions of the sections cited herein were
adopted as the Cal. Fam. Code without substantial changes.
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