Green v. Hooser

JONES, J. pro tem.

This is an appeal from an order increasing the amount to be paid by appellant to his former wife for the support of their two minor children. Appellant’s principal contention is that the court lacked jurisdiction to make the order.

[212]

That portion of the order pertinent to the appeal reads:

“It is hereby ordered, adjudged and decreed, that the following order contained in the interlocutory decree of divorce and continued in the final decree of divorce in the above entitled matter to-wit: ‘that defendant pay to plaintiff the sum of $50.00 per month for the support and maintenance of each of the minor children of the parties hereto commencing and payable $50.00 on the first day of August, 1948, and $50.00 on the 15th day of July, 1948, and continuing $50.00 on the first and fifteenth day of each month thereafter until the further order of this Court,’ be stricken from the record and of no further force or effect and that the following order be inserted in its place to-wit: ‘that defendant pay to plaintiff the sum of $75.00 per month for the support and maintenance of each of the minor children of the parties hereto commencing and payable $75.00 on the 15th day of June, 1951, and $75:00 on the 1st day of July, 1951, and continuing payable $75.00 on the 15th day and 1st day of each month thereafter until further order of this Court.’ ”

An order to show cause was issued upon the affidavit of respondent and in response thereto appellant appeared and opposed the motion for an increase in payments for the support of the children. He took the witness stand, was sworn, and gave testimony in support of his side of the case. As is held in numerous cases where a party makes a general appearance in an action he waives process and submits himself to the jurisdiction of the court. (See

Judson

v.

Superior Court,

21 Cal.2d 11 [129 P.2d 361].)

Nor is there any merit to appellant’s contention that no facts are set forth in respondent’s affidavit sufficient to confer jurisdiction over the subject matter—the right of the children to receive adequate support from their father. The affidavit of the mother recites that the children need medical and dental treatment and that she is unable to pay for such treatment, or to pay already accrued medical and dental bills. In her affidavit she alleges further that she cannot support the children on the existing allowance of $50 per month.