Wise

Appeal is taken by plaintiff from an order modifying alimony award.

On June 4, 1957, the parties entered into a property settlement agreement, among other things, dividing the community property, providing for the custody and support of two minor children, and fixing the amount of support, maintenance and alimony for plaintiff wife in an amount equal to 35 per cent of defendant’s gross income, payable monthly (a minimum of $250 and a maximum of $700 per month), to continue “until the wife remarries, or until the death of either party hereto, or until further order of the Court.” On July 31, 1957, an interlocutory judgment of divorce was entered approving, but not incorporating therein, the property settlement agreement; the judgment provides for custody and support of two minors, age 20 and 16, alimony, attorneys’ fees and sale of the family home and division of the proceeds. The language of the support provisions of the property settlement agreement was carried over into the interlocutory decree, and the court fixed the amount of alimony “equal to 35 per cent of his (defendant’s) gross income, payable monthly (a minimum of $250 and maximum amount of $700 per month) . . .…