Newhall

Defendant appeals from the judgment entered on October 17, 1960, based upon an order made on October 14, 1960, fixing the sum of $1,300 as a fee to plaintiff’s attorneys for their services rendered in resisting defendant’s motion to reduce the amount of the payments for the support of the children of the parties.

Plaintiff obtained an interlocutory decree of divorce from defendant on October 31, 1952, and a final decree was entered on November 3, 1953. Both decrees ratified, approved and confirmed a property settlement agreement executed by the parties on October 23, 1952.

Each decree ordered defendant to pay to plaintiff the sum of $5,000 annually for each of the two minor children of the parties. This was in accord with the agreement.

Thereafter, defendant moved to reduce plaintiff’s support payments from $22,000 to $9,000 annually and the children’s support payments to $1,800 annually for each child. The motion was made upon the ground that defendant’s financial condition had worsened since the final decree.

The motion to modify was denied, and on September 13, 1955, defendant was ordered to pay attorney fees to plaintiff’s attorney in the sum of $2,500 plus $100 for costs…