Young

John Young appeals from an order vacating a previous order which had reduced alimony payable to his former wife, respondent Mary Young. The question is whether the court had jurisdiction to make the prior order.

In 1955 appellant obtained an interlocutory decree of divorce from respondent on the ground of incurable insanity. In 1958, the decree was modified on motion of respondent, who apparently had been discharged after treatment in a state hospital; appellant was ordered to pay $75 per month alimony. Alimony was later increased to $125 per month.

Appellant made the monthly payments until August 1965, when respondent was again committed to a state hospital. In June 1966, when an alimony arrearage of $1,250 had accrued, appellant moved “to enter satisfaction of judgment and to modify alimony.” Appellant sought to satisfy the amount already owing by paying $625 to the Department of Mental Hygiene and to reduce future alimony payments to $30 a month, payable to the department. In a supporting declaration, appellant stated that the department had agreed to accept $625 as satisfaction for all existing claims of the state for respondent’s care and to accept $30 per month…