Mikulski

Plaintiff husband sued defendant for divorce alleging that their two minor children reside with defendant in Michigan and that $30 per week is a reasonable sum to pay for child support, and praying for a divorce, award of child custody to defendant and for an order that he continue making child support payments of $15 per week for each child. Plaintiff obtained an order for publication of summons and complaint, and filed affidavit of service by mail on defendant and declaration of publication of summons. Defendant did not appear and her default was entered; plaintiff personally appeared at the hearing and an interlocutory decree of divorce was entered March 22, 1965. The judgment in part provides for an award of child custody to defendant and an order requiring plaintiff to pay $15 per week per child. The final decree incorporating the provisions of the interlocutory judgment was entered February 28, 1966.

On June 24, 1968, defendant filed application for issuance of writ of execution setting up plaintiff’s default of $3,060 in child support payments since July 5, 1966. Plaintiff moved to quash writ of execution and restrain further levy on the ground the court had no…