In Re Marriage of Paboojian

Opinion

FRANSON, Acting P. J.

Statement of the Case

On December 26, 1968, an interlocutory decree of divorce entitling appellant, Anita Paboojian, to a divorce from respondent, Ara Paboojian, was entered in the judgment book. On October 23, 1984, a writ of execution was issued to appellant for enforcement of the spousal support which had accrued over the previous 10 years.

Upon respondent’s motion, the trial court quashed this writ of execution. We affirm.

Statement of the Facts

Appellant and respondent separated after 11 years of marriage. They had two children. The interlocutory decree filed December 26, 1968, ordered respondent to pay appellant $200 per month spousal support payable at the rate of $50 per week on the first four Mondays of each month beginning the following month and $500 for past due support. Respondent was also ordered to pay $ 100 per month for each child. Both appellant and respondent were aware of these support provisions.

[1437]

In January 1969, respondent spoke to appellant by telephone and told her, “I can barely pay [child] support payments and you’ve got to agree I can’t pay alimony.” According to respondent, appellant answered, “Take care of the children and forget the alimony.” Appellant denies making such a statement. Respondent was in poor financial condition at that time and went into bankruptcy later that year.

Respondent has never made any spousal support payments. Respondent was initially unable to meet his full child support obligations but as his income increased, he made up the deficiency and kept current on the payments. After 1974, respondent also made extra payments on behalf of the children.

Appellant never asked respondent to make spousal support payments. Her only complaints to respondent concerned the inadequacy of the child support payments.

Appellant testified that she became aware of her right to receive spousal support after her son reviewed the interlocutory decree. Appellant had erroneously believed her rights terminated with respondent’s bankruptcy or remarriage.