Dean

Dean v. Dean

Good Law
1963 Cal. LEXIS 198·31 Cal. Rptr. 64·59 Cal. 2d 655·381 P.2d 944
Supreme Court of CaliforniaMay 23, 1963L. A. No. 26817California1,527 words

Opinion

lead Opinion

Schauer, J.

Plaintiff appeals from an order reducing during certain months of the year and for a limited period of time the monthly alimony payments awarded to her under an interlocutory judgment of divorce. As will appear, we have concluded that the evidence supports the implied finding by the trial court of changed conditions warranting the temporary modification, and that the order should be affirmed.

From the record it appears that the parties were married in 1940 and separated in 1956. Two daughters born of the marriage were, at the time the interlocutory judgment was entered in September 1958, of the ages of 14 and 16 years, respectively. Their custody was awarded to plaintiff.

The interlocutory decree also provided for division of the community property. Plaintiff was awarded the home of the parties in San Marino, California (subject to an encumbrance), together with the furniture in that home and a 1953 automobile. Defendant was awarded a summer house at Newport Beach, California (likewise encumbered), as well as the furniture therein, a 1955 automobile, and certain shop and photographic equipment. Defendant was also ordered to name the two minor children as beneficiaries of certain…

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