West

This is an appeal by defendant Biehard West from that portion of an order of the trial court modifying the custody and support provisions of a final decree of divorce. Plaintiff Shirley West was granted an interlocutory decree of divorce from Biehard in April 1957. That judgment incorporated in its terms an agreement between the parties relative to the support and custody of their four minor children. By its terms Shirley was given custody of two of the children and Biehard received custody of the remaining two. He was further ordered to pay $100 a month in support for the two children in Shirley’s custody. Like provisions were incorporated in the final decree, which was filed in the month of June 1958.

In August 1958, Biehard, by an order to show cause, sought to have the decree modified as to the amount of the support payments and following a hearing thereon, the payments were reduced to $75 a month. Thereafter, Shirley sought to have Biehard held in contempt because of his failure to pay to her the amounts due under the previous orders of the court. The contempt matter was heard on December 8, 1958, and on January 30, 1959, the court made and entered its order wherein it held…