Marriage of Spector

Wife Rachelle Spector filed a request for a temporary order for spousal support and professional fees. The parties filed their respective briefs with supporting declarations and evidence in advance of a February 17, 2017, hearing. The court issued its ruling on February 21, and served the order on the parties via e-mail the next day. The court ordered, among other things, husband to pay wife temporary spousal support and certain professional fees. The first temporary spousal support payment was due on March 1, 2017. Shortly after receiving the 2/21 Order on February 22, husband Phillip Spector sent an email to the judge with a copy to wife, stating “there appears to be an error in your arithmetic” regarding the monthly temporary spousal support figure. Husband, wife, and the judge engaged in several e-mail exchanges regarding the calculations and the effect of the monetary awards and requirements in the 2/21 Order. Husband suggested “that the court relabel it’s [sic] ruling to instead be a Tentative Ruling and let us each argue before making it final.” On February 23, the judge responded, “[q]uite frankly I have the authority to modify the orders and am considering doing so.” She further stated “[w]e can call the notice and orders tentative,” and invited the parties to argue the issues but indicated she “prefer[red] a 5 page written argument from each of [them].” The issue this case presented for the Court of Appeal’s review was whether the trial court had the inherent authority to reconsider its own orders and make them effective retroactively. Wife argued the trial court was precluded from doing so pursuant to Family Code sections 3603, 3651(c), and 3653(a), and the various cases interpreting those statutes. The Court of Appeal concluded the court had inherent authority to reconsider its prior order and to apply its modified decision retroactively. Finding no merit in wife’s argument that the court violated her due process rights when it exercised this authority, the appellate court affirmed. View "Marriage of Spector" on Justia Law