Philbin

Philbin v. Philbin

Bad Law
19 Cal. App. 3d 115·1971 Cal. App. LEXIS 1263·96 Cal. Rptr. 408
Court of Appeal of CaliforniaAugust 6, 1971Civ. 37974California3,296 words

Opinion

Opinion

Lillie, J.

August 23, 1968, petitioner sued respondent for a divorce; on January 21,1969, an interlocutory judgment of divorce approving property settlement agreement dated December 15, 1968, part of which was specifically incorporated therein, was entered. The final judgment was entered August 27, 1969. Pertinent here, the agreement and hence the judgment provides for the payment by respondent to petitioner of a lump sum of $1,100 per month for her own support and maintenance and that of the minor child Amy, and the sum of $200 per month for the support and maintenance of the minor Daniel. Under the agreement there was an equal division of community property resulting in approximately $28,000 to each party.

On August 20, 1970, respondent filed order to show cause for a modification of spousal and child support. After a hearing the court on September 22, 1970, modified the interlocutory and final judgments by reducing child support to $150 per month per child ($300 per month) and spousal support to $2.50, or a total of $550 per month for a period of six months commencing October 1, 1970, and continuing until April 1, 1971, at which time spousal and child support payments shall…

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