Schraier

Schraier v. Schraier

Good Law
163 Cal. App. 2d 587·1958 Cal. App. LEXIS 1541·329 P.2d 544
Court of Appeal of CaliforniaSeptember 17, 1958Civ 23097California983 words

Opinion

Opinion

Herndon, J.

The order here presented for review modifies the alimony provision of an interlocutory judgment of divorce. The judgment required the husband to pay the wife alimony in the sum of $40 per week beginning on October 19, 1956, and continuing for a period of 52 weeks. Before the expiration of the period covered by the original award the wife applied for a modification which would increase the payments to $50 per week and require their continuation "until further order of the court." Upon the hearing the trial court concluded that the wife had "failed to establish sufficient change of circumstances since the granting of the interlocutory decree, upon which to grant an order requiring [the husband] to pay continued support" but that the. husband should be required to pay the nominal sum of $1.00 per .month commencing on November 1,1957, and continuing until further order of court. The husband appeals.

The essence of appellant’s argument is that the evidence shows no substantial change in the circumstances of the parties, and that the lack of this requisite basis for the modification order is conclusively established by the "finding" that there was no sufficient change of circumstances…

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