Corrie

Corrie v. Corrie

Good Law
1969 Cal. App. LEXIS 2083·274 Cal. App. 2d 557·79 Cal. Rptr. 133
Court of Appeal of CaliforniaJuly 2, 1969Civ. No. 25574California2,195 words

Opinion

Lead Opinion

Sims, J.

Plaintiff wife has appealed from an order which denied her motion to increase and prolong the support payments from defendant husband for which provision had been made in a prior order of the court. The former provision, contained in an interlocutory judgment entered October 23, 1964, reads: “(2) Commencing October 1, 1964, Defendant shall pay to plaintiff for her support and maintenance, the sum of Two Hundred Twenty Five Dollars ($225.00) a month, for a period of three years, at the end of. which time, the said obligation will cease. The obligation for support and *559 maintenance shall be subject to modification and will cease in any one of three conditions: the death of the defendant or (initialed: JPP, DJM, JTOk, J.) * plaintiff, the remarriage of the plaintiff, or the termination of the three year period which ever event first occurs."

The court found in its decision, " The time limitation as for alimony payments was very definitely spelled out by the Court and the Court retained no jurisdiction to modify this time limitation. Furthermore, it would appear that it was fixed by agreement of the parties at the time the decree was procured by plaintiff.” The motion to modify,…

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