Ramirez v. Superior Court

[353]

Opinion

KINGSLEY, J.

In March 1975, petitioner was found in contempt for missing three court-ordered child support payments. Sentence of 15 days was imposed and was suspended with petitioner being placed on probation, conditioned on: (1) his keeping current from then on; and (2) paying off the arrearages (computed at $837) by paying $250 forthwith and $7.50 per week thereafter.

In June 1976, petitioner sought, by an order to show cause, to modify the child support order. That petition was dismissed on the ground that petitioner was, at that date, “in a ‘State of Contempt. ” Petitioner sought a writ of review from this court, seeking to attack the original contempt order.' On October 22, 1976, we denied that petition on the stated ground that the application was untimely, but saying that that denial was without prejudice to a new petition for a writ compelling a hearing on the modification request.

(Ramirez

v.

Superior Court,

2 Civ. No. 49274.)

Thereafter, petitioner filed in respondent court a motion to reconsider the refusal to hear his motion for modification and a new motion for modification. When the matter came on for hearing, the trial court on January 20, 1977, made the following order:

“After discussion and stipulation in open court, the Court makes the following ruling:

“The Court finds that:

“1) The order of March 6, 1975 is a valid order.

“2) The Court further finds that the Respondent had notice of the order of March 6, 1975.

“3) The Court further finds that the Respondent did not comply with the terms of the order of March 6, 1975 as follows:

“a) From date of order to November 22, 1976 (the period used by this Court) according to the terms of the order of March 6, 1975 as condition of probation the Respondent was ordered to: