In Re Marriage of Norton

Opinion

GARGANO, J.

Appellant, Betty J. Norton, and respondent, Charles V. Norton, were married on May 22, 1954, in Dallas, Texas. There were four children of the marriage: Valerie, Stephen, Vicki and Max. The parties separated on October 27, 1972; at that time Valerie was 17 years old, Stephen was 15 years old, Vicki was 14 years old, and Max was 5 years old.

In December of the same year, appellant petitioned the Superior Court of Fresno County for a dissolution of the marriage and for a division of the community property; she also prayed for the custody of the children, for child and spousal support, and for attorney’s fees and costs.

On April 8, 1974, an interlocutory judgment was entered dissolving the marriage and dividing the community property of the parties; respondent was ordered to assume all of the community obligations. The court also awarded appellant spousal support and the custody of the two minor children, Stephen and Max; the oldest child, Valerie, had turned 18, and the daughter, Vicki, had married and left home. The court fixed the

[540]

spousal support at $70 a month and the child support at $125 a month for each child; it then ordered that a rehearing on the issues of spousal and child support be held on May 17, 1974.

At the rehearing, appellant testified that she was having a difficult time in “making ends meet” on the support payments she had been receiving before and after the interlocutory judgment was entered. Appellant stated that often before she received a support payment there was hardly any food in the house and that due to the heavy indebtedness, her brother took possession of the family home; appellant was paying her brother $125 a month as rent. She also stated that she had been unable to find permanent employment and had been working as a babysitter earning about $80 a month; however, the babysitting' job was to terminate within a few days, and appellant said that commencing in June 1974 she was going to work in the packing houses during the summer season. It is undisputed that appellant, who was 41 years old, had very little work experience; she had not finished school and had been a homemaker during most of her marriage.