Dickens v. Dickens

WOOD, J.

Appeal by defendant from an order modifying an order for support of child. In May, 1937, plaintiff

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and defendant, who were then wife and husband, entered into a written agreement entitled “Property Settlement Agreement,” which provided among other things that the minor child of the parties should reside with the plaintiff and that the defendant should pay to plaintiff for the support of the child the sum of $25 per month until the child, then aged about 4 years, should reach her majority; and it was further provided therein that the agreement might be made a part of an interlocutory decree and a final decree of divorce entered in any divorce proceedings between the parties. In June, 1937, plaintiff obtained an interlocutory decree of divorce which approved the property settlement agreement, and ordered that the minor child should reside with plaintiff and that defendant should pay to plaintiff for the support of the child the sum of $25 per month pending the further order of the court. In September, 1938, a final decree of divorce was entered which stated that the provision in the interlocutory decree concerning custody and support of the child should be binding on the parties, the same as if it were set forth in full in the final decree. Plaintiff remarried, and two children were the issue of that marriage. Defendant also remarried, and two children were the issue of that marriage.

In September, 1946, plaintiff filed an “Affidavit for Order to Show Cause in re Modification of Order of support of minor child,” in which she requested the court to modify the original order by directing the defendant to pay $75 per month for the support of the child; and in which ‘she stated that since said order was made the conditions and circumstances surrounding the parties had materially changed, in that, the original “order was made in 1937 at a time when said minor child was about 4 yrs. old and the defendant was earning about $180.00 per month. That said child is now about 13 yrs. of age, and in Junior High School and the expense of her clothes, and food and incidentals has materially increased. The defendant is now employed with the General Petroleum Corp., earning in excess of $300.00 per month. That the cost of said minor child for the past year has been approximately $700.00.” Upon hearing the order to show cause, regarding such modification, the court modified the original order for support of the child by ordering that the defendant pay the sum of $50 per month.