Zimmerman
Zimmerman v. Zimmerman
Opinion
Lead Opinion
Fox, J.
Plaintiff appeals from an order denying her application for an increase in alimony from $1.00 per year to $350 per month. Her only contention is that there has been a change of circumstances which requires modification of the original order, and that the trial court abused its discretion in failing to recognize such change and to modify the order accordingly.
In the interlocutory decree entered on April 20, 1959, it was adjudged that both parties were entitled to a divorce on the ground of “extreme cruelty” under the doctrine of DeBurgh v. DeBurgh, 39 Cal.2d 858 [ 250 P.2d 598 ], Consequently, the community assets were divided equally, each party receiving property valued at $55,339.40. The court also ordered the defendant to deliver lease-contracts which he held on certain machinery and equipment to Union Bank & Trust Company to enable it to collect on said leases the amounts due thereon and to deposit the net proceeds in a joint account in the names of plaintiff and defendant, from which account certain enumerated obligations, totaling some $58,000 would be paid, any balance to be divided equally between the parties. Further, defendant was ordered to “liquidate forthwith, for…