Thompson

Thompson v. Thompson

Good Law
1966 Cal. App. LEXIS 970·247 Cal. App. 2d 339·55 Cal. Rptr. 518
Court of Appeal of CaliforniaDecember 19, 1966Civ. No. 8243California1,534 words

Opinion

Lead Opinion

Coughlin, J.

By order dated March 13, 1962, the trial court, in the instant divorce action, ordered defendant to pay plaintiff the sum of $150 per month as alimony and the further sum of $250 per month for support and maintenance of the two minor children of the parties; and awarded custody of the children to plaintiff with right of visitation by defendant.

On November 30, 1964, following a hearing instituted by an order to show cause why the foregoing alimony award should not be terminated and the custody order modified, the court, by a minute order, decreed among other things, as follows:

Defendant, in his affidavits in support of the order to show cause, alleged he was unable to make the monthly $150 alimony payment to plaintiff but that he could make the $250 monthly payment for the support of his children. At the hearing plaintiff testified respecting the needs of herself and her children, and defendant testified as to his inability to make the $400 monthly payment directed by the order which he sought to have modified by striking the $150 payable to plaintiff.

*341 On April 2, 1965, plaintiff moved for an order directing issuance of a writ of execution in an amount premised upon the…

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