Greer v. Greer

California Court of Appeal Feb 14, 1939 No. Civ. 6097Published

Before: Ross

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Holding. The court held that a trial court has the authority to permanently terminate future alimony payments upon a showing of changed circumstances and that the absence of written findings does not warrant reversal where such findings would necessarily have been adverse to the appellant.

Issues

Whether the trial court was required to make written findings of fact to support an order modifying alimony.
Whether the trial court has the legal power to permanently terminate future alimony payments under the Civil Code.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the power granted to the court to “modify” alimony allowances includes a right in proper cases to terminate finally the obligation to pay alimony.”

“the failure to find on a material issue will not warrant a reversal of the judgment, if the findings omitted must have been adverse to the appellant.”

ROSS, J.,

pro

tem.

In an action for divorce appellant was granted a divorce from respondent on her cross-complaint, and respondent was ordered to pay $70 per month for her

[40]

support for a period of 12 months, and thereafter $60 per month.

A motion was made by respondent in May, 1935, asking modification of the decree, but this was denied. In June, 1936, a second such notice was made, on proper notice, and submitted after hearing and argument. On this hearing testimony was heard in behalf of both parties. O'n July 9, 1936, the trial court made the following order:

“The motion of the plaintiff and cross-defendant herein to modify the final decree of divorce herein having come on regularly for hearing on Monday, the 20th day of June, A. D., 1936, and the plaintiff and cross-defendant appearing in person and by his attorney at law, Chester F. Gannon, and the defendant and cross-complainant appearing in person and by her attorney-at-law, Gilford G. Rowland, and oral and documentary evidence having been taken, and good cause appearing therefore,

“It Is Hereby Ordered, Adjudged and Decreed that the judgment of divorce herein made on the 7th day of March, 1934, and entered on the 7th day of March, 1934, in Book 72 of Judgments at page 68 thereof, be and the same is hereby modified by striking therefrom the order heretofore made and wherein plaintiff and cross-defendant was ordered to pay to the defendant and eross-complamt herein the sum of $60.00 per month thereafter, and the plaintiff and crossdefendanf is hereby relieved from the payment to defendant and cross-complainant herein of any sum whatsoever for defendant and cross-complainant’s support and maintenance, after the 2'2nd day of December, A. D., 1936. That the said payment of $60.00 per month hereinbefore referred to shall continue until the said 22nd day of December, A. D., 1936, at which time all monthly payments shall be at an end and cease. ’ ’

This appeal is taken from said order of July 9, 1936, and is on the judgment roll alone.

The appellant makes two main points:

Greer v. Greer

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ROSS, J.,

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