Anderson

Anderson v. Anderson

Caution
129 Cal. App. 2d 403·1954 Cal. App. LEXIS 1620·276 P.2d 862
Court of Appeal of CaliforniaDecember 7, 1954Civ. 16142California3,583 words

Opinion

Opinion

Bray, J.

Defendant appeals from an “Order for Execution and Modification of Decree” (of divorce). Plaintiff appeals from certain portions of said order.

Questions Presented

I. Does a divorce decree providing alimony and support of two children, without segregation as to amount, become void when one child reaches majority?

II. Did the court have power to modify the decree to reduce the support either retroactively or prospectively!

III. Did the court abuse its discretion in modifying the decree and in the amount for which it ordered execution to issue ?

IV. Was interest allowable!

V. Effect of admission of summary of defendant’s books.

Record

In 1935 a final decree of divorce was entered providing that defendant pay plaintiff for the support of herself and the two minor children, Lynwood and Walter, the sum of $120 per month. Lynwood became of age November 17, 1946, Walter, February 5, 1950. Defendant, paid the $120 monthly payments regularly until November 30, 1951. Thereafter he paid lesser amounts which, applied on the $120 monthly payments ordered, paid up to March 1, 1952, with $35 over. Defendant made no further payments. In September, 1952, plaintiff executed on defendant’s…

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