Hunter

Hunter v. Hunter

Good Law
170 Cal. App. 2d 576·1959 Cal. App. LEXIS 2250·339 P.2d 247
Court of Appeal of CaliforniaMay 22, 1959Civ. 23599California2,318 words

Opinion

Opinion

Herndon, J.

Plaintiff appeals from an order quashing a writ of execution issued to enforce provisions of an interlocutory decree of divorce requiring defendant to make payments for support of children.

Chronology

(1) February 14, 1957: Plaintiff and defendant executed a property settlement agreement providing, among other things, that plaintiff should have custody of two minor daughters, aged 7 years and 15 months, respectively, and that defendant agreed to pay for the support of each of said children the sum of $60 per month,, commencing on February 5, 1957, and continuing until said children attained the age of majority, become self-supporting, or until modified by proper order of court.

(2) March 29, 1957: After a default hearing, plaintiff was granted an interlocutory decree of divorce by the Los Angeles County Superior Court. This decree ordered defendant to make the child support payments as provided in the property settlement agreement. The decree was duly entered on April 1, 1957.

(3) April 26, 1957: (a) At Las Vegas, Nevada, plaintiff executed and delivered to defendant an instrument entitled “Release and Relinquishment” which purported to release defendant from the obligation to…

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