Crowe v. Crowe

Opinion

JEFFERSON, Acting P. J.

Defendant (husband) appeals from an order modifying the child support and alimony provisions of an interlocutory decree of divorce granted to plaintiff (wife).

The interlocutory judgment, entered on April 29, 1963, ordered that defendant pay to plaintiff for the support of their two sons, Richard (then 17) and Lyle (then 15), $225 a month ($112.50 for each son) “until each of said children shall have reached the age of 21 years, or shall have sooner died, married, or entered military service of the United States, or shall become self supporting, or until further order of the court.”

Defendant was further ordered to pay alimony to plaintiff in the amount of $75 per month, the payments to continue “until further order of this court, but in no event shall the defendant’s obligation for such support and maintenance for the plaintiff continue after the date upon which the minor child of the parties, Lyle Eugene Crowe, reaches, or otherwise should have reached his majority.”

The final judgment of divorce was entered on August 6, 1964. Thereafter, on January 19, 1968, plaintiff filed an Order to Show Cause in re Contempt against defendant alleging that, since November 20, 1966, he had not made any of the required support and alimony payments. Defendant countered, on February 8, 1968, with an Order to Show Cause re Modification, asking (A) for a determination by the court that prior to November 1966 his two sons became self-supporting and, upon such determination, that the court order defendant’s child support obligation terminated effective on the date it found they became self-supporting; (B) that the court make an order terminating his obligation to make further alimony payments effective as of the same date.

On February 19, 1968, both orders to show cause came on for hearing at the same time. After presentation of evidence, the court dismissed the contempt and made its order modifying the interlocutory judgment.

The court’s order provides: “The interlocutory judgment entered April 29, 1963, is modified in the following particulars only: support payments for Richard are terminated as of his reaching age 21. Defendant is ordered

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to pay plaintiff for the support of Lyle $75 a month . . . beginning February 20, 1968; alimony is reduced to $1.00 a month beginning March 1,1968, and continuing until further order of court.”