Van Cott v. Van Cott

This is an appeal by defendant from an order denying his motion to reduce his alimony payments.

In January of this year, defendant gave notice of motion to modify an order made April 11, 1956, which required defendant to pay his former wife $400 a month for her support. The basis of defendant’s motion was that the circumstances of the parties had changed materially since the previous order. The motion was supported by his affidavit. It appears that defendant is a medical doctor who has practiced his profession in Los Angeles for approximately 29 years. He has remarried since the divorce from plaintiff became final. At the time of the previous hearing in April 1956, he and his wife were expecting the birth of a child, which was born on September 14th. Another child was born in February 1958. At the time of the hearing of the instant matter in January of this year defendant and his wife were expecting the birth of a third child in May. The order of April 1956 also provided that defendant pay to plaintiff $125 a month for the support of their minor daughter, Nancy. She became self-supporting in May 1959. By stipulation, the order for her support was then terminated. Defendant…