Bias v. Bias

KAUFMAN, J.

This is an appeal from an order of the Superior Court in and for the City and County of San Francisco modifying a final decree of divorce. The order reduced the amount of child support payable by the husband from $200 per month for each of the two children as set by the interlocutory decree, to $150 per month for the 16-year-old girl, and $75 per month for the 11-year-old boy.

The parties herein had secured an interlocutory decree of divorce on June 29, 1951. Joint custody of the children was awarded to the parents, R. W. Bias, Jr., respondent herein, and Cynthia Bias, appellant. Although nowhere in the record on appeal is the property settlement agreement set forth, appellant in her brief quotes the following paragraph from the interlocutory agreement referring thereto:

“6. The property settlement agreement entered into by the parties hereto on the 27th day of June, 1951 making provision for the complete and final adjustment of all of the property rights of the parties hereto, is hereby approved by the Court and each party is ordered by the Court to specifically perform each and every agreement therein contained. The original of said agreement is attached hereto and made a part hereof as though set out in this decree in full.”

The following excerpt from the property settlement agreement is also set forth in appellant’s brief:

“6. As and for the care, maintenance, education and support of the children, subject to determination by the Court, Husband shall pay Wife the sum of $200.00 per month for each child, a total of $400.00 per month, beginning on the 1st day of July, 1951 and to be paid on the 1st day of each and every month thereafter until each respective child shall have reached the age of 21 years, married or died.

[346]

“It is understood between the parties that the amount fixed for the support of the children is based upon the present income of Husband and in the event of a substantial change in the amount of Husband’s income or of the needs of the children, the Court having jurisdiction may, in its discretion, upon a proper showing, modify or alter the amount of support.

“In order to provide Wife with current information as to Husband’s income, Husband agrees to furnish Wife not later than April 1 of each year a complete photostatic copy of his Federal Income Tax Return for the previous year.”