Rawley v. Rawley

WILSON, J.

By an interlocutory judgment of divorce it was adjudged that defendant was entitled to a decree of divorce on her cross-complaint, community property was divided, the custody of the minor child of the parties was awarded to defendant, and plaintiff was ordered to pay the sum of $45 per month to defendant for the support and maintenance of the minor. Upon the hearing of defendant’s motion for a new trial the judgment was ordered modified by awarding to defendant, in addition to the property assigned to her by the original judgment, all right, title and interest of the parties in certain policies of insurance upon the respective lives of plaintiff, defendant and their minor child. In other particulars the motion for a new trial was denied. A modified interlocutory judgment was entered, the only difference between the latter and the original judgment being the inclusion therein of the insurance policies above mentioned. Defendant has appealed (1) from the interlocutory judgment, (2) from the order denying her motion for a new trial, (3) from the modified interlocutory judgment. There is also a purported appeal from the modified findings of fact and conclusions of law.

[564]

While defendant has appealed from both the original and the modified interlocutory judgments, in her brief she limits her grievances to the contentions that the court abused its discretion by failing (1) to provide for the payment of permanent support to her; (2) to award her all the community real property; (3) to provide for the payment of a sum greater than $45 per month for the support and maintenance of the minor child of the parties.

The evidence shows that at the time of the trial plaintiff was earning $240 to $245 per month, out of which he was required to pay $45 for the support of his daughter. Defendant was earning $110 per month for three days’ work per week and was receiving as rental from one unit of a duplex, which is the community property of the parties, the sum of $38.50 per month. She resided in the other unit of the duplex; presumably rent free since there is no mention in the record of rent being charged to her. Out of her income she had been able to repay a loan of $300 within a period of eight months. The court had before it evidence as to the circumstances and conditions, physical and financial, of the parties and there is nothing in the record to indicate an abuse of discretion in its failure to award support money to defendant.