Roberts

This is an appeal by plaintiff Faye Roberts from an order denying her motion to modify an order discharging an order to show cause in a divorce action. It is presented on a record consisting of an agreed statement and a clerk’s transcript. (Cal. Rules of Court, rule 6.)

We set forth the following chronology of procedural events leading up to the instant appeal: On December 7, 1955, plaintiff filed in the court below her complaint for separate maintenance and on January 3, 1956, defendant filed his answer thereto and a cross-complaint for divorce. On August 30,1956, during the pendency of such proceedings, plaintiff and defendant entered into a property settlement agreement. After reciting “their mutual desire to effect a final and complete settlement of their respective property rights with reference to their marital status and to each other,” this document set forth inter alia the following provision: “Husband shall pay to wife for her support and maintenance One Hundred Seventy-five Dollars ($175.00) a month, payable on the 1st day of each month commencing with the 1st day of August 1956 and continuing until wife dies or remarries.”

On October 22, 1956, the ease was heard on…