Lundgren

Lundgren v. Lundgren

Good Law
1965 Cal. App. LEXIS 1116·238 Cal. App. 2d 88·47 Cal. Rptr. 538
Court of Appeal of CaliforniaNovember 9, 1965Civ. 29221California2,306 words

Opinion

Opinion

Lillie, J.

In July of 1948 plaintiff obtained (by default) an interlocutory judgment of divorce from defendant; thereunder the latter was ordered to pay $50 a week for the support of the parties’ three children. No provision was made for alimony, nor was there any award to plaintiff of her share of the scant community property acquired during the marriage. The final judgment of divorce, entered in February of 1950, incorporated the above support provisions. In October of 1964, allowance being duly made for the fact that the children had since become emancipated (by marriage) or were otherwise self-supporting, the total accumulated sums for their support aggregated almost $21,000 of which only $1,284 had been paid by defendant over the intervening years. Learning that defendant had been named a beneficiary under the will of a deceased relative, plaintiff applied for a writ of execution, directed to the executor, as to those installments ($5,047.82) which had accrued within 10 years immediately last past; this was of right under section 681, Code of Civil Procedure (Lohman v. Lohman, 29 Cal.2d 144, 150 [ 173 P.2d 657 ]) and execution accordingly issued. The following day, October 7, plaintiff…

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