Blank v. Blank

KNIGHT, J.

The defendant appeals from an order denying her motion for alimony

pendente lite,

counsel fees and costs in an action for divorce.

The parties had been married approximately eight years, and there were two children aged, respectively, six years and eighteen months. The action was instituted in Los Angeles County in September, 1930, a few days after defendant and the children had departed for Emporia, Kansas, to visit defendant’s mother. The complaint was based on charges of cruelty. Besides answering, defendant filed a cross-complaint charging cruelty, and she filed therewith her motion for alimony, counsel fees and costs. She was not present at the hearing and determination of her motion, having remained in Kansas at her mother’s home, and the evidence submitted in her behalf consisted of the verified pleadings and two affidavits, one being presented in the form of a questionnaire, the form used evidently being supplied under court order for such purpose. Plaintiff sought to have the questionnaire excluded on the technical ground that it was not authenticated in the manner required by law. The objections were properly overruled and the hearing narrowed down to the issue of the financial resources of the respective parties and their ability to provide for themselves.

Defendant averred in her affidavits that plaintiff was thirty-six years old, in good health, and had been a real estate salesman for about four years; that his present, monthly income from all sources was $175; that during the

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past year he had earned $500 in commissions, besides having received $2,400 in donations from his father, and $350 from her mother; and that his present financial worth was $1,000. She further averred that at one time she was employed as clerk in a retail store, receiving therefor $130; that her net financial worth amounted to nothing and that she had no independent income; that she was then living with her mother, in the latter’s home, and that she was without funds to make a defense to the action, or to support herself or children, or to defray her expenses to California to appear at the trial of the action or at any hearing to be had therein. She also averred that when she left California she did so with the expectation of returning as soon as plaintiff was able to secure employment and provide for her and the children; that he induced her to go, and said nothing whatever about bringing divorce proceedings; and that he brought the action six days after her departure.