Avery

Avery v. Avery

Good Law
10 Cal. App. 3d 525·1970 Cal. App. LEXIS 1861·89 Cal. Rptr. 195
Court of Appeal of CaliforniaAugust 13, 1970Civ. 35630California2,752 words

Opinion

Opinion

Lillie, J.

The parties were divorced in the State of Missouri. The decree entered April 20, 1966, by the Missouri court provided: “. . . It is further ordered and adjudged by the court that plaintiff [defendant herein] pay to defendant [plaintiff herein] as alimony the sum of $15,000.00 as alimony in gross, payable in the sum of $150.00 per month . . . until paid in full and in default of anyone [vzc] payment execution issue therefor . . . .” After making several payments defendant defaulted. Thus, on December 22, 1967, in the Los Angeles Superior Court plaintiff sued to establish the Missouri decree as a judgment of the California court, obtain judgment on arrearage and recover reasonable attorney’s fees. Four days later, on December 26, 1967, plaintiff remarried in Missouri. On January 22, 1968, defendant filed an answer specifically setting up the affirmative defense that plaintiff’s remarriage had discharged his liability to continue alimony payments. On October 23, 1968, counsel for the parties entered into a stipulation whereby plaintiff was to have judgment against defendant. Pursuant thereto judgment was rendered and entered on October 24, 1968, wherein it was ordered that…

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