In re the Marriage of Schu (Court of Appeal, Division.6, California. 2d Civil No. B251636,)
The Schus were married 23 years before they divorced. Genise was convicted of unlawful sexual conduct with a minor and sentenced to six years in prison. Genise’s sentence began on April 10, 2010. The trial court ordered Donn to pay Genise temporary spousal support of $500 from April 7, 2011 until death, remarriage or further order. After Donn filed his petition, Genise was transported from prison to court to attend a settlement conference. The parties divided their assets, with Genise receiving $285,000 in cash and $914,000 in assets. At all time during negotiation, the parties agreed to deal with the issues of spousal support “when” Genise is released from prison. However, the court order ACTUALLY said it would reserve jurisdiction of spousal support until:
- Genise was released from prison
- Either party died;
- Cohabitation of Genise
- Remarriage of Genise
- Modification or termination by further order of the Court, whoever occurs first.
Donn argues that the court had lost its jurisdiction to conduct the hearing, because the final judgment was filed, and, additionally, that he should not have to support a child molester. Genise lost at the trial level.
The appellate court reversed, saying that the agreement between the two clearly state that it would “reserve jurisdiction to award long-term spousal support until Genise’s release from incarceration….The reasonable interpretation off this is that the hearing was to be held without a reasonable time for release. The (Superior Court) order was reversed and the case remanded to that court to hear Genise’s motion for long-term spousal support. She also got costs (what it cost her to bring the appeal, including attorney fees) so she did pretty well.
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