Davis

The issue here presented is this: After the remarriage to each other of divorced parents may either enforce against the other child support orders made in the prior divorce proceeding ? We conclude that the trial court correctly ruled that the remarriage terminated the support provisions with respect to payments thereafter accruing, and that its order should be affirmed.

In 1958 plaintiff mother secured a divorce in this state from defendant father, and was awarded sole custody of their two minor children. No order was then made for support of the children as defendant had been served outside California by publication. Thereafter, in April 1959, counsel for the respective parties entered into a written stipulation, in the divorce *291 proceeding, that defendant would pay plaintiff the sum of $100 per month per child until further court order, and that “the . . . Court may enter its order in respect to all matters contained in this stipulation.” Accordingly, a child support order was made in the previously instituted divorce action.

In February 1960 plaintiff and defendant remarried each other. Several months later they again separated, and plaintiff thereafter instituted a…

I concur.

I agree with the majority’s holding on the narrow issue that the remarriage of the parents terminates a prior support order which would furnish the basis for obligating the noncustodial parent to pay the custodial parent for such support. I state my views separately, however, in order to emphasize the very narrow ground on which I would affirm the judgment below.

The plaintiff, in her declaration in support of her motion for issuance of a writ of execution, alleged that she was “requesting an order for due and owing child support payments only for the period after the separation from her when defendant ceased and terminated any and all support payments for the support and maintenance of the minor children of the parties.” Plaintiff thus in effect sought “reimbursement” for money spent for the support of her children; she alleged the defendant’s liability for such amount. At trial, the parties’ attorneys stipulated that the ease presented only the issue whether the plaintiff could recover on the basis of the support order obtained prior to their remarriage.

If the plaintiff had not relied solely on the first support order in seeking reimbursement, I would reverse the…