Young
Young v. Superior Court
Opinion
Lead Opinion
Craig, J.
The petitioner herein was adjudged guilty of contempt of court for noncompliance with the provisions of an interlocutory decree of divorce directing him to pay stated monthly amounts of money for the maintenance and support of two minor children. He prays a writ of review, alleging that the trial court had no jurisdiction to entertain the contempt proceedings because the affidavit upon which they were founded did not show that he was served with or knew of the order requiring such payments to be made.
It appears that on June 1, 1922, Bertha T. Newcomb, formerly Bertha T. Young, obtained an interlocutory decree of divorce from petitioner, which, subsequently was made final. She was thereby awarded the custody of their two children, now of the ages of three and five years, respectively, and petitioner was ordered to pay $50 per month, beginning July 1, 1922, for the support and maintenance of said children. On April 26-, 1924, said Bertha T. Newcomb made affidavit that petitioner had not complied with said decree, and that the sum of $260 was due and unpaid; and was needed for the maintenance and support of the children; that petitioner then was and had been steadily employed at a…