Lakenan

Lakenan v. Lakenan

Good Law
1967 Cal. App. LEXIS 1894·256 Cal. App. 2d 615·64 Cal. Rptr. 166
Court of Appeal of CaliforniaDecember 4, 1967Civ. 30169California5,801 words

Opinion

Lead Opinion

Fox, J.

Plaintiff was granted an interlocutory decree of divorce and was given custody of the minor child of the parties. She was awarded $1,000 per month alimony and $150 per month for support of the child. Plaintiff also received all of the community property.

Being dissatisfied with the financial aspects of the judgment, plaintiff has appealed.

*617 The parties were married in November 1950 and separated in October 1963. A daughter was born in April 1955. The interlocutory decree was rendered in February 1965, 1 on the ground of extreme cruelty.

Defendant is a man of considerable wealth, largely acquired by gift and inheritance. During the period of this marriage defendant does not appear to have had any sustained employment or to have been engaged in any regular business. He appears to be a great devotee of golf and to have spent a large portion of his time in the pursuit of that sport.

Plaintiff complains that the award of $1,000 per month alimony is wholly inadequate. This, of course, is a matter that is committed to the sound discretion of the trial judge, and will not be disturbed on appeal, absent a showing of an abuse of discretion, and there is no such showing here. But,…

Concurring Opinion

Roth, J.

I concur in the judgment except insofar as it relieves a parent who has financial ability from the full obligation of child support. In my opinion separate income of a child derived from trusts established for such child by third parties should not be taken into consideration to enable a parent with financial ability to meet the full obligation of the child’s support and education.

A petition for a rehearing was denied January 3, 1968, and appellant’s petition for a hearing by the Supreme Court was denied January 31,1968.

Opinion

Plaintiff was granted an interlocutory decree of divorce and was given custody of the minor child of the parties. She was awarded $1,000 per month alimony and $150 per month for support of the child.plaintiff also received all of the community property.

Being dissatisfied with the financial aspects of the judgment, plaintiff has appealed.

The parties were married in November 1950 and separated in October 1963. A daughter was born in April 1955. The interlocutory decree was rendered in February 1965, [fn. 1] on the ground of extreme cruelty.

Defendant is a man of considerable wealth, largely acquired by gift and inheritance. During the period of this marriage defendant does not appear to have had any sustained employment or to have been engaged in any regular business. He appears to be a great devotee of golf and to have spent a large portion of his time in the pursuit of that sport.

[1] Plaintiff complains that the award of $1,000 per month alimony is wholly inadequate. This, of course, is a matter that is committed to the sound discretion of the trial judge, and will not be disturbed on appeal, absent a showing of an abuse of discretion, and there is no such…

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