Ikuta v. Ikuta

[794]

SHINN, P. J.

This appeal is another phase of the same divorce action involved in

Ikuta

v.

Ikuta,

No. 17318,

ante,

p. 787 [218 P.2d 854]. Upon the hearing of an order to show canse the court on December 16, 1948, ordered defendant to pay all mortgage installments, utility and community bills; $200 for support of plaintiff and the minor children whose custody was awarded to her; and $500 direct to plaintiff’s attorney, payable at once. The order specified that it was “without prejudice to any order that may be subsequently made. ’ ’ It directed that the order to show cause is continued to January 27, 1949 ... at which time a further award of attorney’s fees may be made.” On January 20,1949, plaintiff obtained another order to show cause regarding attorney’s fees, suit money and temporary support. Plaintiff’s affidavit upon which this latter order was based set forth facts purporting to justify payment by defendant of more than $9,000 as the estimated cost of investigating, obtaining evidence for, and conducting plaintiff’s case. On January 27, 1949, both orders to show cause came on for hearing. Considerable testimony was taken at the hearing, which lasted two days, and a written stipulation of the - parties was filed providing that custody of the children should remain with plaintiff; that defendant would continue to pay all premiums on insurance policies then existing on the life of defendant and any of the children and all mortgage payments on the family home. The court’s minute order dated January 28, 1949 provided: “It is ordered that the

existing order regarding temporary custody of the minor children of the parties shall remain in

effect; that defendant pay all premiums on all insurance now existing; that defendant pay plaintiff $350.00 per month for support of herself and children of the parties, payable one-half on the 10th and 15th days of each month, commencing February 10,1949 and continuing until further order of court;

that defendant pay all current hills for month of January,