Talman

wife was granted an interlocutory decree of divorce on May 8, 1952; it incorporated in haec verba a property settlement agreement. The decree provided that plaintiff pay to defendant 16 per cent of his income (as that term was therein defined) for her support, and 8 per cent for child support. No minimum or maximum amounts were set up in either agreement or decree.

On November 4, 1960, plaintiff, on order to show cause, sought to modify the support provisions of the decree. On the day of the hearing (January 10, 1961) defendant filed a motion to dismiss the order to show cause on the ground the court “did not have jurisdiction to modify said orders of support since those orders were based upon an integrated property settlement agreement which is not subject to modification.” Thus, on January 10, 1961, the court made the following order: “Supporting briefs and argument in support of the order to show cause re modification are presented by counsel in chambers, and plaintiff and cross-defendant’s motion for modification is denied.” No appeal was taken from this order and the same has long since become final.

More than two years later, on March 5, 1963, plaintiff again sought, by…