Thompson v. Thompson

COUGHLIN, J. By order dated March 13, 1962, the trial court, in the instant divorce action, ordered defendant to pay plaintiff the sum of $150 per month as alimony and the further sum of $250 per month for support and maintenance of the two minor children of the parties; and awarded custody of the children to plaintiff with right of visitation by defendant.

On November 30, 1964, following a hearing instituted by an order to show cause why the foregoing alimony award should not be terminated and the custody order modified, the court, by a minute order, decreed among other things, as follows:

“1. Support payments for children each reduced and modified by the sum of $25.00 making the support payments $100.00 for each child.

‘ ‘ 2. Alimony payments reduced and modified by the sum of $50.00 making the alimony payments $100.00 per month.”

Defendant, in his affidavits in support of the order to show cause, alleged he was unable to make the monthly $150 alimony payment to plaintiff but that he could make the $250 monthly payment for the support of his children. At the hearing plaintiff testified respecting the needs of herself and her children, and defendant testified as to his inability to make the $400 monthly payment directed by the order which he sought to have modified by striking the $150 payable to plaintiff.

[341]On April 2, 1965, plaintiff moved for an order directing issuance of a writ of execution in an amount premised upon the claim the part of the order of November 30, 1964, reducing the child support payments “is void as being in excess of the jurisdiction” of the court. On May 10, 1965, in response to this motion, the court made the following order as recorded in its minutes;

“1. The order of November 30, 1964, insofar as it reduces the amount to be paid for child support is hereby ordered vacated.

“2. That portion of the order reducing the alimony payment from $125.00 per month to $100.00 per month is ordered vacated.

“3. Execution is ordered issued on May 14, 1965 for the sum of $612.50 as of March 18, 1964 unless defendant can prove by affidavit that all or some portion thereof has been paid. ’ ’

' On May 12, 1965, by minute order, the court directed that Paragraph 2 of the foregoing order be stricken “as being an error” and stated: “The order regarding reduction of alimony shall be the same as entered in the order of Nov. 30, 1964. ”