In Re Marriage of Havens

Opinion

ELKINGTON, J.

An appeal has been taken by Ronald Havens (hereafter for convenience, Ronald) from a July 30, 1979, order of the superior court denying his motion to modify an order for the support of his child in the custody of his former wife Sandra Havens (hereafter for convenience, Sandra).

Ronald and Sandra were married in 1968. In 1975, the marriage was dissolved. Sandra was awarded custody of the parties’ two boys, David and Daniel, and Ronald was ordered to pay $200 each month for their

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support. In 1976 or 1977, for some reason not clear from the record, David carné to live with his father, Ronald. Thereafter, on custody and child support modification motions, Ronald’s custody of David was confirmed, and he was ordered to pay $150 each month to Sandra for Daniel’s support. At the time, Sandra’s gross monthly income was about $300. Ronald’s gross monthly income was approximately $1,250. It will be seen that Ronald thus became the sole support of the two boys.

Each of the partiés thereafter remarried, and in 1979 the combined community property income of each, and his or her spouse, was approximately the same. Ronald again moved to modify the child support award, alleging a change in circumstances. Following a hearing thereon, the court announced its intended decision that Ronald’s motion for modification of child support payments be denied. Ronald’s request for written findings of fact was denied, and a formal order was entered that “[mjodification of child suppport is hereby denied.” Ronald’s appeal is from that order.

He makes two contentions: that the manifest change in the parties’ circumstances mandated that Sandra should bear a reasonable portion of the statutory parental duty to support David and Daniel, and that the trial court erroneously denied his request for written findings of fact.

We initially observe several well known statutes.

“The father and mother of a child have an equal responsibility to support . .. their child in the manner suitable to the child’s circumstances, taking into consideration the respective earnings ... of the parents.” (Civ. Code, § 196.)