Harmon v. Harmon

VALLEE, J.

Appeal by defendant from orders made in a proceeding under the Uniform Reciprocal Enforcement of Support Act. (Code Civ. Proc., §§ 1650-1690.)

On May 17; 1956, the superior court made an order directing defendant to pay specified amounts of money for the support of his minor child through the office of the probation officer of Los Angeles County, and that the probation officer hold all money so paid pending a decision on appeal. The order was affirmed by this court on May 2, 1958.

(Harmon

v.

Harmon,

160 Cal.App.2d 47 [324 F.2d 901].) A petition for hearing by the Supreme Court was denied, and a petition for a writ of certiorari to the Supreme Court of the United States was denied.

(Harmon

v.

Harmon,

358 U.S. 881 [79 S.Ct. 120, 3 L.Ed.2d 110].)

On the going down of the remittitur, defendant filed a notice of motion to vacate the order of May 17, 1956, and for entry of a judgment of dismissal in lieu thereof. On December 5, 1958, after oral argument, the motion was denied. On plaintiff’s motion, made without notice at the hearing of the motion to vacate and after it had been denied, the court ordered the probation officer to transmit forthwith to plaintiff for the support of the minor child all moneys held by him pending the appeal. Defendant appeals from these orders.

The first contention is that a finding of fact that a father is a resident of Los Angeles County does not support a conclusion of law that he must support his children in unfit surroundings in another state. The contention is based on a false premise. The court did not merely find that defendant was a resident of Los Angeles County. There was no showing the minor child was in unfit surroundings in another state. “The court found that Pauline is the minor . child of Ruth and Francis; the minor is residing with Ruth in Fairfax County, Virginia, and the minor is partially dependent upon Francis for support; Francis owes a duty of support of the minor; Francis resides in Los Angeles County; a reasonable amount to be contributed by Francis toward the support of the minor is $30 a month, and he has the ability to pay that amount.”

(Harmon