Bird
Bird v. Bird
Opinion
Lead Opinion
Fox, J.
Plaintiff appeals from an order of February 10, 1959, which reduced the amount that the defendant was required to pay for the support of the minor children of the parties to $125 per month for each child.
An interlocutory decree of divorce was entered in plaintiff’s favor on December 9, 1955. By the provisions of that decree, the defendant was awarded custody of the two minor children subject to plaintiff’s having them during summer vacations and Christmas and Easter holidays. Defendant was ordered to pay to plaintiff during such periods the sum of $200 per month for each child for their maintenance and care. These provisions for the custody and maintenance of the children were made notwithstanding a written agreement between the parties that the wife should have the custody of the children. The agreement also provided that the husband would pay $200 monthly for the support of each child. Although plaintiff appealed, she only appealed from that portion of the judgment which denied her alimony. This court affirmed the judgment in Bird v. Bird, 152 Cal.App.2d 99 [ 312 P.2d 773 ].
*190 In October, 1956, an order was made modifying the judgment and providing that custody of the two…