Mandanis

The parties entered into a property settlement agreement on June 1, 1960; the interlocutory judgment of divorce was entered July 6, 1960, and the final, one year later. The interlocutory decree approved the property settlement agreement, ordered defendant to pay plaintiff for her support the sums provided in paragraph 9 of the agreement and determined the payments under paragraph 9 to be an inseparable and indivisible part of the consideration for a property settlement and not to constitute a severable provision for alimony, and such support payments shall not be increased regardless of a change of circumstances. No appeal was taken from the judgment.

Paragraph 9 of the property settlement agreement is a complex provision fixing support payments to plaintiff in different amounts under varying circumstances; insofar as it is here material defendant was obliged to pay plaintiff $235.97 per month (Par. 9-B-(l)), but should plaintiff earn income in excess of $250 per month the payments shall be reduced by any amount in excess of $250 per month, computed on a monthly basis. (Par. 9-B-(4).) Late in 1960 plaintiff started work for the Santa Barbara Probation Department and in…

I concur in the judgment and in the opinion except with respect to the order refusing to increase the amount of child support.

There are so many factors which a court may properly consider in reaching its determination whether to increase child support that the discretion of *588 the trial court is necessarily very broad and an abuse of discretion is therefore rare. Moreover, appellate courts, I suppose, are very reluctant to find an abuse of discretion for fear that they will be deluged with appeals from child support orders. Nonetheless, I feel that there was an abuse of discretion in this case.

As I see it, it is improper to consider the additional $28 per month which defendant in the past has paid for the child’s support and maintenance. This was a voluntary payment on defendant’s part and may be discontinued at any time. I think it is also improper to consider the fact that defendant may be obligated to spend a considerable amount in the future for the child’s education. That obligation is subject to many contingencies including death of the child and election of the child not to attend college. Moreover, insofar as it operates after the child reaches 21 years of age, it is…

LILLIE, Acting P.J.

The parties entered into a property settlement agreement on June 1, 1960; the interlocutory judgment of divorce was entered July 6, 1960, and the final, one year later. The interlocutory decree approved the property settlement agreement, ordered defendant to pay plaintiff for her support the sums provided in paragraph 9 of the agreement and determined the payments under paragraph 9 to be an inseparable and indivisible part of the consideration for a property settlement and not to constitute a severable provision for alimony, and such support payments shall not be increased regardless of a change of circumstances. No appeal was taken from the judgment.

Paragraph 9 of the property settlement agreement is a complex provision fixing support payments to plaintiff in different amounts under varying circumstances; insofar as it is here material defendant was obliged to pay plaintiff $235.97 per month (Par. 9-B-(1)), but should plaintiff earn income in excess of $250 per month the payments shall be reduced by any amount in excess of $250 per month, computed on a monthly basis. (Par. 9-B-(4).) Late in 1960 plaintiff started work for the Santa Barbara…