Morrow

Morrow v. Morrow

Good Law
1969 Cal. App. LEXIS 1386·2 Cal. App. 3d 55·82 Cal. Rptr. 327
Court of Appeal of CaliforniaNovember 24, 1969Civ. 34172California1,051 words

Opinion

Opinion

Kingsley, J.

On April 13, 1965, plaintiff (wife) was granted an interlocutory decree of divorce from defendant (husband), which approved and incorporated the executory provisions of á property settlement agreement theretofore entered into between the parties. On September 20, 1965, a final decree was entered which confirmed and carried forward the terms of the interlocutory decree. So far as is herein pertinent, the decree granted to the wife custody of the two minor children of the parties, with visitation rights in the husband, and made the following provisions for child support and for alimony:

The husband made the payments as required to and including the alimony payment of $1,200, due on April 1, 1968. The wife remarried on April 5, 1968. Upon discovery of that fact, the husband demanded a return to him of $1,000, on the theory that the wife was entitled to only the pro rata share of the monthly payment covering the days she was unmarried. On the wife’s rejection of that demand, the husband announced that he would withhold the installments of child support due on May 1, 1968, and thereafter, until he had recouped the $1,000 he claimed to be due him from the wife. When the May 1…

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