Conaway
Conaway v. Conaway
Opinion
Opinion
Pierce, J.
Appellant, Dolores P. Conaway, appeals from an order of the superior court denying her motion to appoint a receiver (in aid of execution under Code Civ. Proc., § 564, subd. 4) to receive all retirements checks paid to respondent, Frank Conaway, her former husband, and to apply them to a judgment for accrued alimony.
In 1950, appellant wife obtained an Iowa divorce from respondent. Its decree ordered the latter to pay her $150 per month as alimony. These payments were made until April 1961. Conaway moved to California and is now an El Dorado County resident. In California appellant wife sued for and on November '27, 1961, obtained a default judgment against Conaway in the sum of $750 for alimony due and unpaid and Conaway was ordered to pay her $150 per month. These sums have not been paid. In January 1962 Conaway was examined in supplementary proceedings. Thereafter, contempt proceedings were brought. He testified his only income was his Air Force retirement pay of $492 per month (he is a retired Air Force colonel), which he needed for the support of his present wife and himself. The court found no contempt. Thereafter appellant filed the motion from the denial of which this…