Egan

Egan v. Egan

Good Law
1967 Cal. App. LEXIS 2009·251 Cal. App. 2d 577·59 Cal. Rptr. 705
Court of Appeal of CaliforniaJune 5, 1967Civ. No. 30406California1,682 words

Opinion

Lead Opinion

Roth, J.

In 1954 appellant Barbara J. Egan and her then husband, respondent George W. Egan, executed a property settlement agreement disposing of their property and providing for the support and maintenance of Barbara and the two daughters of the marriage: Sally, then 6%, and Patricia, then 2%, years old. The agreement was by reference incorporated into an interlocutory decree of divorce granted Barbara on March 25, 1954. The interlocutory decree specifically set forth payments required for maintenance and support of Barbara at $150 per month until death or remarriage, and $50 per month each for the support and maintenance of the children.

On September 21, 1965, pursuant to respective motions made by the parties, the trial court ordered an increase in the child support payments to a total of $250 per month, and a reduction in “alimony” payments to Barbara from $150 per month to $1.00 per year.

■ Barbara appealed “from that portion of the order made September 21, 1965, denying plaintiff’s motion to dismiss defendant’s request for modification of plaintiff’s support pay *579 ments on the ground that the Property Settlement Agreement, which is incorporated in the Interlocutory Judgment of…

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