Lovitz

Barbara Joy Lovitz (wife) appeals from an order made March 20, 1975, terminating spousal support on Harold Lovitz (husband’s) order to show cause in re modification.

Husband and wife were married on July 10, 1949, and separated in September 1964. There are three children of this marriage. After a trial, the court ordered husband to pay to wife for her support the sum of $600 per month, continuing until wife dies, remarries, or until such payments may be modified by an order or judgment of a court of competent jurisdiction. The court also ordered division of the community property of the parties. A provision of the court’s order pertinent to this appeal is as follows: “8 The minor children of the parties are now in the custody of plaintiff. Plaintiff is a fit and proper person to have and be awarded the custody, care and education of said children, subject to rights of defendant to visit said children and have them with her at reasonable times. Defendant and cross-complainant is found to be a morally fit person to have the custody of said children, but she is presently emotionally incapable of properly caring for such children and their best interests require that custody…