Croxson v. Croxson

SHINN, P. J. William J. Croxson brought suit against Steva M. Croxson for divorce, charging cruelty. Mrs. Croxson answered and filed a cross-complaint for separate maintenance charging cruelty. Upon plaintiff’s application Mrs. Croxson and certain banking and investment institutions were ordered [51]to show cause why Mrs. Croxson should not be enjoined from disposing of community property except in the ordinary course of business or for the necessities of life. Upon application of defendant, Mr. Croxson was ordered to show cause why he should not be required to pay money for defendant’s support, attorneys’ fees and costs and restrained from disposing of any community property except such as was reasonably necessary in the ordinary course of business or for the necessities of life. Both the complaint and the cross-complaint alleged in general terms that such restraining orders were necessary in order to prevent dissipation of the community assets.

Mr. Croxson filed an affidavit October 13, 1953, stating that until December 31, 1953, his salary would be $1,596 per month but that thereafter it would only be $419 per month. His affidavit listed property of the net value of $151,000 as community property. It did not state what his necessary living expenses would be. Mrs. Croxson filed an affidavit listing her necessary expenses in the amount of $515 per month. She stated in the affidavit that her husband had received from General Motors in the previous year $33,000. She did not list the community property nor place any value upon it. When the matter came on for hearing of the two orders to show cause both plaintiff and defendant testified. Pursuant to stipulation each was restrained from molesting the other and from disposing of any community property except in the ordinary course of business or for the necessities of life; each was ordered to deposit all funds on hand in a joint bank account excepting for $1,000 which each might retain. All income was ordered to be likewise deposited. Checks on the account were to require signatures of both parties; the husband was to have the exclusive use of a mountain cabin, the wife the exclusive use of the home of the parties. These provisions were in accord with the oral stipulations of the parties in court. The order contained other provisions which were not covered by the stipulations. It was further ordered that all income from certain apartments was to be deposited in a joint account, defendant was to receive $1,000 which would be replenished from time to time to be used for the payment of expenses of the apartments. Prom the joint account $1,000 was ordered paid to plaintiff’s attorneys, $500 having already been paid, and $1,500 was ordered paid to defendant on account of attorneys’ fees.