Bechtel v. Bechtel

California Court of Appeal

Bechtel v. Bechtel

12 P.2d 970, 124 Cal. App. 617, 1932 Cal. App. LEXIS 732

CourtCalifornia Court of Appeal

DecidedJuly 2, 1932

DocketDocket No. 8451.

StatusPublished

Cited by10 cases

This text of 12 P.2d 970 (Bechtel v. Bechtel) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bechtel v. Bechtel, 12 P.2d 970, 124 Cal. App. 617, 1932 Cal. App. LEXIS 732 (Cal. Ct. App. 1932).

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Opinion

*618 THE COURT.

In the above action the trial court by its interlocutory decree granted a divorce to plaintiff on the ground of defendant's extreme cruelty. The decree awarded to plaintiff certain real property upon which the parties resided, with the contents of a dwelling-house thereon, subject, however, to the encumbrances upon the property. It further provided that defendant pay as permanent alimony the sum of $150 each month, commencing on September 1, 1930, for the period of five years, when the payments should cease. Plaintiff has appealed from portions of the decree. She claims that the court by limiting the alimony payments to the period mentioned abused its discretion, and asks that the error be corrected by this court.

Section 139 of the Civil Code provides that where a divorce is granted for an offense of the husband the court may compel him to make such suitable allowance to the wife for her support during her life or for a shorter period, as the court may deem just, having regard to’ the circumstances of the parties respectively, and may from time to time modify its orders in these respects. If the court orders payments of alimony at stated periods it may modify its order (McCaleb v. McCaleb, 177 Cal. 147, 149 [169 Pac. 1023] ; Wolff v. Wolff, 102 Cal. 433 [36 Pac. 767, 1037]), and the amount may be increased or diminished (Ex parte Spencer, 83 Cal. 460 [17 Am. St. Rep. 266, 23 Pac. 395]; Soule v. Soule, 4 Cal. App. 97 [87 Pac. 205]; Duffey v. Duffey, 79 Cal. App. 734 [251 Pac. 218]). Furthermore, it may make the order for a limited period (Brown v. Brown, 206 Cal. 7 [272 Pac. 1052]). But this is not conclusive upon its power to require payments to be made after the expiration of the period or to increase the amount (Smith v. Superior Court, 89 Cal. App. 177 [264 Pac. 573]); and no reservation of power to modify its order need be contained in the decree (1 Cal. Jur., Alimony, p. 1032; Soule v. Soule, supra).

The award made was not in the circumstances unreasonable; and it is clear from the foregoing that the court may modify its order by requiring, if necessary, suitable payments to be made after the expiration of the five-year period notwithstanding the limitation contained in the decree. No abuse of discretion has been shown, and the decree should be affirmed.

The portions of the decree appealed from are affirmed.

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*618 THE COURT.

In the above action the trial court by its interlocutory decree granted a divorce to plaintiff on the ground of defendant's extreme cruelty. The decree awarded to plaintiff certain real property upon which the parties resided, with the contents of a dwelling-house thereon, subject, however, to the encumbrances upon the property. It further provided that defendant pay as permanent alimony the sum of $150 each month, commencing on September 1, 1930, for the period of five years, when the payments should cease. Plaintiff has appealed from portions of the decree. She claims that the court by limiting the alimony payments to the period mentioned abused its discretion, and asks that the error be corrected by this court.

Section 139 of the Civil Code provides that where a divorce is granted for an offense of the husband the court may compel him to make such suitable allowance to the wife for her support during her life or for a shorter period, as the court may deem just, having regard to’ the circumstances of the parties respectively, and may from time to time modify its orders in these respects. If the court orders payments of alimony at stated periods it may modify its order (McCaleb v. McCaleb, 177 Cal. 147, 149 [169 Pac. 1023] ; Wolff v. Wolff, 102 Cal. 433 [36 Pac. 767, 1037]), and the amount may be increased or diminished (Ex parte Spencer, 83 Cal. 460 [17 Am. St. Rep. 266, 23 Pac. 395]; Soule v. Soule, 4 Cal. App. 97 [87 Pac. 205]; Duffey v. Duffey, 79 Cal. App. 734 [251 Pac. 218]). Furthermore, it may make the order for a limited period (Brown v. Brown, 206 Cal. 7 [272 Pac. 1052]). But this is not conclusive upon its power to require payments to be made after the expiration of the period or to increase the amount (Smith v. Superior Court, 89 Cal. App. 177 [264 Pac. 573]); and no reservation of power to modify its order need be contained in the decree (1 Cal. Jur., Alimony, p. 1032; Soule v. Soule, supra).

The award made was not in the circumstances unreasonable; and it is clear from the foregoing that the court may modify its order by requiring, if necessary, suitable payments to be made after the expiration of the five-year period notwithstanding the limitation contained in the decree. No abuse of discretion has been shown, and the decree should be affirmed.

The portions of the decree appealed from are affirmed.

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12 P.2d 970, 124 Cal. App. 617, 1932 Cal. App. LEXIS 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bechtel-v-bechtel-calctapp-1932.

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