Warshaw v. Ginsburg

JEFFERSON, J.

This is an appeal by plaintiff, Adline Warshaw, from an order which terminated defendant’s obligation, under an order previously made, to make payments for the support of the parties’ minor children. Plaintiff contends the lower court abused its discretion in granting this relief to defendant.

Plaintiff was awarded a divorce from defendant in 1950 in Michigan and was given custody of their three minor children. Both plaintiff and defendant later moved to California. On September 30, 1958, by a stipulated judgment in the Superior Court of Los Angeles County, the Michigan divorce was established as a foreign judgment in full force and effect in California. As part of the stipulated judgment, defendant was ordered to pay monthly child support payments for the support of the three children. On June 24, 1959, the judgment was modified, allowing defendant certain visitation rights, and plaintiff was ordered not to use any surname for the children other than "Ginsburg."

On September 12, 1963, defendant filed an order to show cause in which he sought modification of his child support obligation under the September 30, 1958, judgment. Plaintiff countered with an order to show cause of her own also seeking modification of defendant’s child support payments (upward), and in addition asked for attorney fees. On November 18, 1963, a hearing was held on both orders to show cause. By stipulation, affidavits introduced by both parties were deemed to be their testimony. The court thereafter made its order terminating (as of September 12, 1963), defendant’s obligation to make further child support payments under the judgment theretofore in effect. Plaintiff’s order to show cause was denied, and the parties were ordered to pay their own attorneys’ fees.

In lieu of a reporter’s transcript, the record on appeal has been augmented by the filing of an engrossed settled statement

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setting forth the evidence presented at the hearing of the respective orders to show cause.

Summarized, this evidence was as follows: According to the defendant there was no longer any relationship existing between himself and his children. He had not seen them in about a year. Prior to that he saw them only rarely. When, on various occasions, he came to visit with them, they were not at home, and he was advised by plaintiff that they were engaged in one type of activity or another. The last time he saw his two sons, Stewart and Mark (who were both 18 years of age), he told them to call him when they wanted to see him again.