“For postjudgment motions [FC 3651]: A decree of divorce for custody, care and maintenance of minor children is not [a] finality; the trial court retains continuing jurisdiction [Marriage of Kreiss]; Motions to modify a court order postjudgment follow the same procedure as modifying motions prior to the final judgment; Modification or termination of a support order can occur at any time the court deems necessary [FC 3651]; Motion to modify support or child visitation may be served by first class mail, postage prepaid [FC 215]; A court has jurisdiction to modify a MSA [Marital Settlement Agreement] to pay college expenses [Marriage of Rosenfeld & Gross]; Unpaid child support can be upheld, even if the child is 18 [Marriage of Hubner]; Procedures for enforcement by execution do not violate due process [Wyshak v. Wyshak]; An order for spousal support may not be modified or terminated to the extent that a written agreement or, if there is no written agreement, an oral agreement entered into in open court between the parties that specifically provides that the spousal support is not subject to modification or termination [FC 3651]; & A party can file a postjudgment action to enforce a provision of the parties’ stipulated judgment [In re Marriage of Krempin].
A judgment may be set aside: If there was actual fraud committed; If there was perjury; If there was duress in the procuring; If one or both of the parties had a mental incapacity; If a stipulated or uncontested judgment was based [on] a mistake; If there was a failure to comply with the disclosure requirements; When there is a mistake, inadvertence, surprise or excusable neglect, and action is brought within 6 months [CCP 473[b]].”
[LW Greenberg, California Family Law]
