Gohdes v. Gohdes

SHELL, J. pro tern.

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Appellant herein was the defendant and respondent was the plaintiff in a proceeding under the California Reciprocal Enforcement of Support Act in the Superior Court of San Diego County. Appellant appeals from the decree of that court requiring him to make monthly payments for the support of respondent.

This appeal presents no controversy as to the facts established by the record, which are as follows:

Respondent and appellant were married at Delaware, Ohio, on June 17,1914. Three children were born of that marriage, each of whom had reached the age of majority before January 7,1942, on which date, in a divorce proceeding initiated by appellant, the Licking County Court of Common Pleas at Newark, Ohio, denied a divorce, but by decree ordered appellant to pay to respondent $60.60 per month for her support. This order for alimony without divorce is provided for by the Ohio statutes (Ohio Gen. Code, §§ 11997-11999) and is, in effect, comparable to our decree of separate maintenance. On September 28, 1944, the Circuit Court of Dade County, Florida, made its decree of final divorce in an action instituted there

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by appellant, dissolving the marriage theretofore existing between the parties, which decree made no provision for the support of the wife. Service in that divorce action was by publication of process.

Respondent filed a petition for support under the Uniform Reciprocal Support Act of Ohio (R.C. Ohio, §§ 3115.01 to 3115.15) in the Court of Common Pleas of Franklin County, Ohio, and on April 28, 1954, that court made its findings that since November 11, 1944, appellant had failed to contribute to the support of respondent; that she is unable to work; that she is in need of the sum of $60 per month for her support; that the residence of appellant is at or near Escondido, San Diego County, California.

Under the provisions of the California Uniform Reciprocal Enforcement of Support Act (Code Civ. Proc., §§ 1650-1690) a proceeding was thereafter filed in the Superior Court of the State of California, County of San Diego, and hearing was had on July 8, 1954. The appellant was present, was sworn and examined at said hearing, and was represented by his present counsel. He testified that he now receives $200 per month net pay. At the conclusion of this hearing the trial court, by decree, ordered him to pay $16 per month for the support of his former wife. This decree was entered July 22, 1954.