De Santo v. De Santo

GRIFFIN, J.

Plaintiff-appellant brought an action for divorce, on the ground of extreme cruelty, against her husband. She sought alimony, child support and distribution, of community property. Defendant and respondent, in turn by cross-complaint, sought a divorce, custody of the children and a division of the community property. After trial, the court granted each a divorce. Defendant was ordered to pay plaintiff as alimony $125 per month plus $125 per month each for the support of the three minor children. It found certain listed property to be separate property of each; that the net value of the real and personal community property was in excess of $160,000, and attempted to divide it equally between the parties. They jointly owned a large family residence in La Jolla. Plaintiff asked that a homestead be impressed on that property for the benefit of herself and the children. Instead, the court allowed plaintiff and the children to remain therein for a 60-day period, rent free, and ordered defendant to maintain it and make the necessary payments thereon. It then gave the parties 60 days to determine between themselves whether or not they wished to accept said home property at a value of $45,000 less the principal amount of balance on a note secured by a trust deed, and that if neither party desired to accept said property, it should be sold at private sale and the net proceeds divided equally between them. It was appraised at $52,000. Custody of the three children was awarded to plaintiff.

Plaintiff appealed from three portions of said interlocutory decree: (1) the amount of alimony; (2) the amount of child support; and (3) the judgment affecting the residence. As to the first and second claims, plaintiff contends the award of $125 per month to her and $125 per month each to the children, was inadequate to maintain her and the children in the manner to which she and they were accustomed, when considered in connection with defendant’s earnings.

Defendant is a medical doctor. There is evidence that in 1953 his gross receipts were approximately $83,000; in 1954 $74,000; and in 1955 about $95,000; in 1956 about $104,000; and that his anticipated gross income per year would be about $90,000; that in 1955, after federal taxes were paid, his net take-home or inexpendable income for the family was approxi

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