Marriage of Michailidis

Filed 3/22/06 Marriage of Michailidis CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from an order of the Superior Court of Los Angeles County, Robert A. McSorley, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.

Law Offices of George A. Bilal and George A. Bilal for Appellant.

Law Office of Robert C. Woodbury and Robert C. Woodbury for Respondent.

_______________

Evangelos Michailidis appeals from the trial court's order awarding his former wife Stephania Michailidis[1] $59,266.10 in arrearages and interest under the judgment of dissolution that directed him to make monthly payments to her for spousal support and community property equalization. Evangelos contends the trial court erred by declining to enforce a postjudgment stipulation between the parties to settle his payment obligations under the judgment and determining he should pay arrearages to Stephania according to the terms of the judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Judgment of Dissolution of the Parties' Marriage

On March 31, 1997 Stephania filed a petition for dissolution of her marriage to Evangelos. In July 1997 the parties entered a stipulation to resolve issues regarding spousal support and property distribution. According to the stipulation, Evangelos was to pay Stephania monthly spousal support of $750, commencing July 1, 1997 and continuing until the death of either party or December 1, 1999, whichever first occurred. Evangelos was also directed to make all lease and insurance payments for the approximate 20-month lease on the parties' Jeep Cherokee, which was to be retained by Stephania. As part of the division of community property, Evangelos was to retain the parties' residence and, to equalize the distribution of community assets, pay Stephania $22,500 at the rate of $700 per month, commencing July 1, 1997 and continuing until fully paid. That indebtedness was evidenced by a promissory note secured by a deed of trust on the residence, with a provision for acceleration in the event of a default on any three consecutive payments or a total of six payments whether or not consecutive. On January 27, 1998 the trial court entered the judgment of dissolution of marriage on the parties' stipulation.

2. Stephania's Application for an Order to Show Cause to Calculate Arrearages Under the Judgment and Evangelos's Response

More than six years later, on April 27, 2004, Stephania filed an application for an order to show cause to calculate arrearages under the judgment and for a writ of execution against Evangelos. According to Stephania, Evangelos failed to make the monthly payments specified in the judgment and owed her $81,994.64 ($50,846.58 in principal amounts, plus $31,148.06 in interest): (1) the total amount of $22,500 awarded in spousal support, plus interest; (2) $5,846.58 for the lease payments on the Jeep Cherokee, which was the amount remaining on the lease as of September 3, 1997, plus interest; and (3) the total amount of $22,500 awarded as equalization for the division of community property, plus interest. Stephania represented Evangelos had filed for bankruptcy just a few weeks after their July 1997 stipulation but none of his obligations under the judgment had been discharged by the bankruptcy. Stephania also made passing reference to an agreement Evangelos had asked her to sign shortly after the judgment of dissolution had been entered to release him of some or all of his obligations under the judgment in exchange for a payment from the proceeds of a contemplated transaction. Stephania asserted â€