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In re Marriage Schu

California Court of Appeals, Second District, Sixth Division

November 12, 2014

In re Marriage of DONN MICHAEL and GENISE SCHU. DONN MICHAEL SCHU, JR., Respondent,
v.
GENISE SCHU, Appellant.

Superior Court County of Santa Barbara No. 1342880 Donna D. Geck, Judge.

Page 395

COUNSEL

Miles T. Goldrick; Ferguson Case Orr Paterson and Wendy C Lascher for Appellant.

Page 396

Diane M. Matsinger; Wilson & Pettine, Paul A. Pettine and Ann Canova for Respondent.

OPINION

GILBERT, P. J.

When does "until" begin? Here we conclude it begins when "when" begins.

A marital settlement agreement provides that the trial court will reserve jurisdiction to award long-term spousal support "until" the wife is released from prison. Wife files a motion for support five weeks before her release, set to be heard three days after her release. The hearing is twice continued, once because husband is out of the country, and once so he can obtain wife's vocational examination. The trial court concludes that its jurisdiction expired and issues an order denying spousal support to wife. Wife appeals the order. We reverse.

FACTUAL AND PROCEDURAL HISTORY

Genise Schu (Genise) and Donn Michael Schu, Jr. (Mike) were married in 1986 and separated 23 years 8 months later in 2010.[1] They have three adult children.

In 2010, a court sentenced Genise to six years in prison after conviction of seven counts of unlawful sexual intercourse with a minor under 16 years of age and three counts of oral copulation of a minor under 18 years of age. (Pen. Code, §§ 261.5, subd. (d), 288a.) Mike filed a petition for legal separation on April 7, 2010. Three days later, Genise began serving her prison term.

The trial court ordered Mike to pay Genise temporary spousal support in the amount of $500 per month from April 7, 2011, until death, remarriage, or further order. In September, Mike amended his petition to request dissolution.

On July 13, 2012, Genise was transported from prison to court to attend a settlement conference. She and Mike reached an agreement. The settlement master recited the terms of the agreement on the record. Both parties were present with counsel. They confirmed that they heard, understood, and agreed to the terms after ...


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