In Re Marriage of Milch

[668]

Opinion

THOMPSON, J.

In this appeal from an order of the superior court reducing respondent’s (Husband’s) obligation to pay child support, appellant (Wife) contends: (1) Husband was barred from relief because he was in contempt of the court granting it; and (2) the trial court abused its discretion in granting the order. Neither contention finds any support in the record.

Husband and Wife were married on May 14, 1960. The trial court entered its interlocutory decree of divorce on Wife’s complaint on May 31, 1966. The decree awarded custody of the four children of the marriage to Wife and ordered Husband to pay child support at the rate of $80 per child per month, a total of $320. On March 16, 1972, Husband filed an order to show cause initiating a proceeding to award him custody of one of the children and to increase the support payments to Wife for the remaining three children to $100 per month per child, a total of $300. Wife countered with an order to show cause re contempt, claiming delinquencies in payments by Husband, an application for a writ of execution to collect delinquent support payments, and an order to show cause asking that she retain custody of all the children and that their support be increased to $125 per month per child.

Husband’s financial declaration in support of the March 16, 1972, order to show cause shows a total monthly gross income of $1,355.99 and itemized deductions from gross income of $608.71, leaving a net of $747.28. His expenses are listed at $942.11 per month including payments for child support. Wife’s responsive financial declaration shows income only from child and spousal support payments. She lists her expenses as $733.19 per month.

The controversy arising out of the March 1972 proceedings was settled by stipulation. The trial court awarded custody of one child to Husband. Wife waived all claims for arrearages in child and spousal support and Husband quitclaimed to her all of his interest in a parcel of real property. Wife waived all future claims for spousal support and Husband agreed to pay Wife $121 per month for each of the three children of which Wife retained custody, a total of $363 per month. Husband agreed also to pay all ordinary medical and dental expenses of the children in Wife’s custody and all extraordinary medical expenses not covered by insurance in excess of $37.50 for each child for each illness. The stipulation was incorporated in an order of the trial court.