In Re Hendricks

Opinion

ALARCON, J. pro tem.*

Petition for a writ of habeas corpus, to review an order of the Superior Court of Ventura County adjudging petitioner to be in contempt.

On June 30, 1969, in a pending divorce action, pursuant to plaintiff-wife’s order to show cause, the court made the following pendente lite order: “Pursuant to stipulation of respective counsel, the court orders that defendant shall pay to plaintiff as and for temporary alimony and child support, the monthly sum of $300.00, . . . Pursuant to the further stipulation of counsel, the court orders that defendant shall pay all community debts and obligations incurred prior to date of separation; . . .”

On September 15, 1969, petitioner was held in contempt of court for his wilful failure to comply with the order requiring him to pay the community debts.

*

1

The court granted á stay of execution and on December 5, 1969, petitioner was committed to the county jail for a period of five days. The within petition was filed December 5, 1969, and, upon the issuance by this court of an Order to Show Cause, petitioner was released

[796]

from custody, on his own recognizance, pending final determination of these proceedings.

[795]

“It is therefore ordered that defendant is in contempt of this court, in that he failed to pay community debts incurred prior to June 13, 1969 as ordered to be paid on June 30, 1969, and it is further ordered that as punishment for said contempt, defendant be confined in the Ventura County Jail for a period of 5 days.”

[796]