In Re Marriage of Williams

An interlocutory judgment dissolving the marriage of appellant Delila Louise Williams (wife) and respondent Herbert Gardner Williams (husband) was filed on June 5, 1978. As a part of the division of community property, that judgment ordered husband to pay to wife as long as they were both alive the sum of $81.49 per month in satisfaction of her share of husband’s retirement income from the Kern County Fire Department. Husband made none of these monthly payments because wife failed to comply with her obligations under the dissolution decree. Wife applied for and received a writ of execution and levied on husband’s savings account for the arrearages of $3,895 in the monthly payments due her. Husband filed a notice of motion to recall and quash execution and to vacate the levy of execution on his savings account.

Husband also filed an order to show cause re contempt against wife alleging she had failed to comply with the court’s order that she deliver to him a promissory note for $3,048.99 to equalize division of the community property, the note to be secured by a first deed of trust on certain real property awarded to her under the dissolution decree. He also alleged wife…