Van Cott v. Van Cott

FOX, P. J. This is an appeal by defendant from an order denying his motion to reduce his alimony payments.

In January of this year, defendant gave notice of motion to modify an order made April 11, 1956, which required defendant to pay his former wife $400 a month for her support. The basis of defendant’s motion was that the circumstances of the parties had changed materially since the previous order. The motion was supported by his affidavit. It appears that defendant is a medical doctor who has practiced his profession in Los Angeles for approximately 29 years. He has remarried since the divorce from plaintiff became final. At the time of the previous hearing in April 1956, he and his wife were expecting the birth of a child, which was born on September 14th. Another child was born in February 1958. At the time of the hearing of the instant matter in January of this year defendant and his wife were expecting the birth of a third child in May. The order of April 1956 also provided that defendant pay to plaintiff $125 a month for the support of their minor daughter, Nancy. She became self-supporting in May 1959. By stipulation, the order for her support was then terminated. Defendant asserts that by reason of the increase in his family, his living expenses have substantially increased. At the hearing in April 1956, it appeared from defendant’s income-tax return that his gross income for the previous year was $30,344.20, his business deductions were $15,473 leaving net earnings of $14,871.20. Defendant’s income-tax return for 1958 showed gross receipts of $37,016.94 and his deductions for business expense $15,709.28, leaving a net of $21,307.66. The doctor presented figures at the hear[541]ing in January of this year showing gross income from his profession for 1959 of $33,692.72 and expenses (exclusive of depreciation) of $16,273.76.* This left a net professional income for the year of $17,418.96, giving full credence to defendant’s figures.

Plaintiff is 51 years of age. She devotes part of her time to giving private music lessons, for which she received $654.50 in 1959. Her testimony indicated that this was less than she received for such services in 1955. She had received, also, approximately $200 a year from dividends. Nancy paid her $50 a month when she was working, but she had been without employment for some time and had secured a new position only a few days before the current hearing. Plaintiff submitted an itemized statement of her living expenses, showing that she required approximately $550 a month.