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spousal support from Carol until May 31, 2011 at which
time his right to collect such support shall
permanently terminate. This termination date is
absolute and non-modifiable under any circumstances.
27. Being aware of the above, John agrees to pay
spousal support to Carol in the amount of $5,250.00 per
month beginning the first month following the sale of
the residence (close of escrow). Spousal support shall
be due, one-half on the first of each and every month
and one-half on the 15th of each and every month.
Spousal support shall continue at this amount through
October 31, 2010 at which time Carol’s right to collect
spousal support from John will permanently terminate.
This termination date is absolute and non-modifiable
under any circumstances. Spousal support shall be
payable by wage assignment which shall be issued along
with the entry of the agreement as a Judgment. Service
of the wage assignment is stayed unless and until John
is ten (10) days or more late with any support payment.
In the event John is ever ten (10) days or more late
with any support payment, the wage assignment shall be
served with no further notice to John.
28. The duration of spousal support is non-
modifiable and the court will not have jurisdiction to
modify the length of time John will pay spousal support
to Carol. Specifically, the court does not have
jurisdiction to award any spousal support payable from
John to Carol for any period beyond October 31, 2010,
regardless of the circumstances that may arise and
regardless of whether any motion to modify spousal
support is filed before, on or after October 31, 2010.
The court also does not have jurisdiction to modify the
amount of spousal support payable from John to Carol
except for two circumstances, John’s death, prolonged
unemployment or John’s disability. Upon John’s death,
spousal support will terminate permanently. Upon
John’s prolonged unemployment, the court has the
jurisdiction to lower the amount of support for the
length of the unemployment provided appropriate efforts
are being made by John to find employment. Upon John’s
disability, the court has the jurisdiction to lower the
amount of support for the length of the disability.
Disability is defined as the inability to pursue an
occupation because of physical or mental impairment.
If such a modification is sought by John and ordered by
the court, the court may increase or decrease the
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Last modified: May 25, 2011