Booker

Booker v. Booker

Good Law
1963 Cal. App. LEXIS 2569·214 Cal. App. 2d 35·29 Cal. Rptr. 258
Court of Appeal of CaliforniaMarch 14, 1963Civ. No. 20687California888 words

Opinion

Lead Opinion

Shoemakeb, J.

Defendant Magda Booker appeals from an order modifying a child support award from $50 to $10 per month.

On September 27, 1949, plaintiff Jerry Booker and defendant entered into a written agreement for the purpose of settling their property rights and providing for the support and maintenance of their minor child. The first six paragraphs of this agreement provided for the division of the various assets owned by the parties. Pursuant to the seventh and eighth paragraphs, the parties agreed that defendant was to have custody of the parties’ minor child and plaintiff was to pay $50 per month for the support of the child until she should either attain the age of 21, marry, or die. Paragraph 12 provided that the agreement should not bind either party “as to his or her courses concerning the marriage of the parties or any action for divorce, and the parties shall be entirely free as to their respective actions in connection therewith save and except as to the property rights of the parties.” Paragraph 13 provided that “The settlement effected hereby is and is intended to be a full and final settlement and satisfaction of all claims and rights to property which either *37 party may have…

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