Chapin

Petitioner seeks a writ of mandate to compel the plaintiff in the case of “Shirley Ann Chapin, now known as Shirley Ann Giumarra, plaintiff, v. Harold Earl Chapin, defendant,” (Kern County number 47649) to answer certain of defendant’s interrogatories, to compel the witness, Bob Murray, to answer questions in a deposition, and to permit petitioner and his counsel to examine books and records in Bob Murray’s possession, in a proceeding to determine the present liability of the respective parties to make support payments for their 19-year-old daughter.

The divorce case was filed over 16 years ago and an order was then made awarding the custody of the child to the wife and requiring that the defendant husband pay her $30 a month as child support, unless in a given month the child should receive a government allotment equal to or exceeding $30. This provision was also incorporated in the final decree of divorce entered November 14, 1949; concededly, the defendant has regularly paid that amount ever since. The plaintiff, Shirley Ann Chapin, is now Shirley Ann Giumarra by reason of her second marriage; she has requested an order to show cause why the support provision should not be…