Hixson

Hixson v. Hixson

Good Law
1952 Cal. LEXIS 192·38 Cal. 2d 444·240 P.2d 586
Supreme Court of CaliforniaFebruary 21, 1952L. A. No. 21943California741 words

Opinion

lead Opinion

Shenk, J.

The plaintiff wife has appealed on the judgment roll from a minute order in a divorce action requiring her to make monthly payments to the defendant, her divorced husband, for the support of two of their children.

The defendant secured an order to show cause why the interlocutory and final decrees of divorce previously secured by the plaintiff should not be modified by reducing the amount of payments required to be made to the wife. He relied on the fact that the two children were voluntarily living with and being supported, by him. After a hearing the trial court found that under the interlocutory decree, which approved a property settlement agreement, the plaintiff was required to support the children of the marriage; that the decrees contemplated that the children would reside with the plaintiff ; and that $200 per month was necessary for the support of the two children residing with the defendant. The court made the order appealed from directing the plaintiff to pay $200 per month to the defendant so long as the children continued to live with him, and providing that this amount might be offset against the $600 monthly payments due to the plaintiff from the defendant under…

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