Nutt

Carl Nutt appeals from a 1965 order authorizing execution in an amount of $14,334 in favor of Mary Nutt Buscarino on a 1943 judgment which had ordered him to pay child support of $50 a month. He claims the trial court abused its discretion in granting his former wife’s motion to issue execution on a judgment for the first time after a lapse of 22 years.

In April 1943, in the Los Angeles Superior Court, Mary obtained an interlocutory decree of divorce from Carl, custody of their two children, Carole and Verna, and an order for $50 a month child support. But Carl left California for his former home in Little Bock, Arkansas, and never paid child support, and, according to Mary’s affidavit, she supported Carole and Verna by working as a waitress until each daughter was married. In 1965 Mary sought to execute on the 1943 child support order, whose amount for the period April 1943 to December 1956, with interest, then exceeded $16,000, and in support of her motion declared she had not previously sought a writ of execution “ (1) because I knew he . . . had no assets and (2) he has been absent from the State of California for almost all of the time since the judgment.” Testimony at the…