Greear

Greear v. Greear

Good Law
303 F.2d 893
United States Court of Appeals for the Ninth CircuitMay 31, 1962Nos. 17272-17274California1,576 words

Opinion

Lead Opinion

Merrill, J.

Appeals in three diversity cases are here consolidated for our decision. The question presented is whether under Nevada law community property of a husband and wife to the extent of the husband’s earnings is subject to the husband’s contractual obligation to pay specified sums for the support of his former wife and the issue of his former marriage. We hold that it is.

In 1950, appellee, Dr. James Greear, obtained a Nevada divorce from appellant. The latter, a resident of the District of Columbia, did not appear in the suit and the court obtained no personal jurisdiction over her and thus took no action respecting her support. In 1949, while the parties were both residing in the District of Columbia, they had entered into a separation agreement under the terms of which Dr. Greear agreed (subject to certain adjustments) to pay to appellant the sum of $500.00 a month for her support and maintenance and other sums for the support and education of the two minor children in her custody. These sums were regularly paid by Dr. Greear until his change of residence to Nevada. Since that time he has made no payment whatsoever. Appellant secured the sum of $272.66 through attachment, and this…

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