Alton v. Alton

FORD, J. This is an appeal from a denial of the appellant’s application for an order requiring the respondent to make payments to her for her support.

A final judgment of divorce was entered on February 15, 1946, under which payments for the appellant’s support were ordered to be made. Pursuant to the stipulation of the parties, on October 30, 1956, the court modified the then existing provisions for support and ordered that the respondent pay to the appellant the sum of $100 per month for her support, together with the sum of $100 per month for the support of a minor child. That order provided that it should “continue pending further Order of a Court of competent jurisdiction.” Thereafter, on December 3, 1958, upon the application of the respondent an order to show cause why that order should not be modified was issued. Pursuant thereto, when the matter was heard on January 15, 1959, the court made an order [754]which, as embodied in the minutes of the court, was as follows: "The Order of October 30, 1957, is modified and the support of the minor child, Michael, is to terminate forthwith. Defendant is ordered to continue making payments of $100 a month for the support of the plaintiff for a period of 6 months, at which time further payments for alimony shall cease. This modification is conditioned upon the defendant’s paying all arrears for child support and alimony in the amount of $300 at the present time, these sums may be paid in a monthly amount or in one lump sum. In all other respects, the Order of October 30, 1957, is to remain unchanged. Defendant is ordered to pay directly to plaintiff $25 costs, payable forthwith.”1 (Emphasis added.) Counsel for the respondent gave notice by mail to the appellant of such order on January 29, 1959, in which notice was included the language just quoted.

On July 28, 1959, in response to the application of the appellant, the court issued its order to show cause addressed to the respondent. Thereby he was ordered to appear and show cause why he should not be required to pay the appellant the sum of $250 per month for her support until further order of the court. After that matter came before the court on September 10, 1959, there having been a prior continuance, the court made an order, the body of which is as follows:

"It Is Hereby Ordered, Adjudged and Decreed that plaintiff’s Order to Show Cause in re Modification be denied.

"It Is Further Ordered that the prior order made herein by the Court in Department 8, on January 15, 1959, terminating all payments by defendant to plaintiff for child support and ordering defendant to pay plaintiff six months’ further alimony payments of $100.00 per month, at which time further payments for alimony shall cease, was intended by this court to be a final termination of alimony payments by defendant to plaintiff at the end of said six months’ period, without any reservation by the court to plaintiff of the right to request or receive further alimony payments from defendant.” It is from that order, which was dated September 15, 1959, that the present appeal is taken.