Legal Opinion · Dissent

In Re Marriage of Benson

California Court of Appeal

Decided August 29, 1985No. G000451Published

1Dissent

SONENSHINE, J., Dissenting.

I respectfully dissent. I do not believe the court had jurisdiction to extend the support obligation beyond the specified termination date.1

Unless jurisdiction is retained, the court loses its ability to extend support. (Civ. Code, § 4801, subd. (d).) And In re Marriage of Vomacka (1984) 36 Cal.3d 459 [204 Cal.Rptr. 568, 683 P.2d 248] did not repeal this legislative mandate. The Vomacka court simply found the underlying order implied a retention of jurisdiction. No such interpretation can be made here.

*915There are, of course, similarities between the Vomacka order and…

2Cases cited2 opinions

  1. In Re Marriage of VomackaCalifornia Supreme Court · 1984
  2. In Re Marriage of KeevaCalifornia Court of Appeal · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API