In Re Marriage of Milch

Good Law
120 Cal. Rptr. 901·1975 Cal. App. LEXIS 1056·47 Cal. App. 3d 666
Court of Appeal of CaliforniaApril 29, 1975Civ. 44459California1,423 words

Opinion

Opinion

Thompson, J.

In this appeal from an order of the superior court reducing respondent’s (Husband’s) obligation to pay child support, appellant (Wife) contends: (1) Husband was barred from relief because he was in contempt of the court granting it; and (2) the trial court abused its discretion in granting the order. Neither contention finds any support in the record.

Husband and Wife were married on May 14, 1960. The trial court entered its interlocutory decree of divorce on Wife’s complaint on May 31, 1966. The decree awarded custody of the four children of the marriage to Wife and ordered Husband to pay child support at the rate of $80 per child per month, a total of $320. On March 16, 1972, Husband filed an order to show cause initiating a proceeding to award him custody of one of the children and to increase the support payments to Wife for the remaining three children to $100 per month per child, a total of $300. Wife countered with an order to show cause re contempt, claiming delinquencies in payments by Husband, an application for a writ of execution to collect delinquent support payments, and an order to show cause asking that she retain custody of all the children and that…

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