Talman

Talman v. Talman

Good Law
1966 Cal. App. LEXIS 1630·244 Cal. App. 2d 799·53 Cal. Rptr. 514
Court of Appeal of CaliforniaSeptember 14, 1966Civ. Nos. 28816, 28817California2,849 words

Opinion

Lead Opinion

Frampton, J.

Consolidated appeals from orders made after final judgment in an action for divorce.

On May 8, 1952, an interlocutory decree of divorce was granted to the wife (respondent here) upon her cross-complaint. This decree has become a final judgment.

The interlocutory decree of divorce approved and ineorpo *801 rated, within its provisions, in haec verba, a property settlement agreement entered into between husband and wife under the date of May 1, 1952. This agreement has been adjudicated to be an integrated property settlement agreement and not subject to modification by order of court upon a showing of a change of circumstances. (Talman v. Talman, 229 Cal.App.2d 39 [ 39 Cal.Rptr. 863 ].)

The interlocutory decree of divorce which incorporates the provisions of the property settlement agreement pertinent to one of the issues raised upon appeal is set forth below :

On March 27, 1961, the wife filed a notice of motion which in part sought an order to compel the husband to pay certain *802 additional amounts “upon the ground that additional amounts of child support and alimony are due defendant under said Agreement and Interlocutory Judgment and that plaintiff refuses to pay…

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