Merritt

Merritt v. Merritt

Good Law
106 Cal. App. 234·1930 Cal. App. LEXIS 542·289 P. 240
Court of Appeal of CaliforniaJune 5, 1930Docket No. 4137.California1,091 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from an order modifying an interlocutory decree of divorce by increasing the allowance for the maintenance of a minor child. It is asserted the increased allowance is not warranted by the circumstances of the parties or the income of the father.

The parties to this action were married.June 23, 1920. One daughter, named Andriana, who was four years of age at the time of the trial, was born as the issue of the marriage. A suit for divorce, on the ground of adultery, was filed December 1, 1926. On November 30, 1926, the property rights of the parties were settled by the execution of a written agreement. By the terms of this contract the respondent was allowed $750 per month as alimony, and the additional sum of $250 a month for the maintenance and support of the minor child. December 5, 1927, an interlocutory decree of divorce was rendered in favor of the respondent, awarding her the custody of the minor child, together with the monthly payments above mentioned, pursuant to the contract settling the property rights. Subsequently, upon proceedings duly had the court modified this interlocutory decree by allowing the respondent an additional $100 per month for the…

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