Cross v. Cross

• Decision Date: 31 October 1917
• Docket Number: 14029.
• Citation: 168 P. 168,98 Wash. 651
• Court: Washington Supreme Court
• Parties: CROSS v. CROSS.

168 P. 168

98 Wash. 651

CROSS v. CROSS.

No. 14029.

Supreme Court of Washington

October 31, 1917

Department 1. Appeal from Superior Court, King County; A. W. Frater Judge.

Suit by Mary H. Cross against William J. Cross. From a judgment modifying a previous decree as to alimony, defendant appeals. Affirmed.

Gay &amp Griffin, of Seattle, for appellant.

Irving T. Cole, of Seattle, for respondent.

MAIN J.

This is an appeal from a judgment of the superior court modifying the previous decree as to the alimony, and adjudging that the defendant pay the amount of alimony which had accrued at the time of the hearing, and that he should thereafter, until the further order of the court, pay to the plaintiff, as alimony the sum of $11.66 per month. On December 10, 1902, a decree was entered in this case whereby the bonds of matrimony theretofore existing between the parties were dissolved and the plaintiff was granted a divorce from the defendant. At this time there were two minor children, the custody of whom was awarded to the plaintiff. Relating to alimony, the decree contains this provision:

'That the defendant, W. J. Cross, shall pay to the plaintiff, Mary Cross, for the support of herself and her said children, the sum of $35 per month, semi-annually in advance. * * *'

On October 9, 1914, after a citation directed to the defendant to show cause why he should not pay the then accumulated back alimony, and after a hearing on the order to show cause, a judgment was entered which contained this provision:

'It is hereby further ordered, adjudged and decreed that defendant pay to the plaintiff herein the sum of $210 on or before November 1, 1914, as alimony for the period of six months beginning with October 1, 1914, and that defendant shall pay until further order of this court to plaintiff as alimony the amount provided for in said decree, to wit, at the rate of $35 per month, payable every six months in advance, the next payment to be six months from said October 1, 1914, to wit, on April 1, 1915, and that in all other respects said decree remain unmodified.'

On September 15, 1916, an order was entered in the cause directed to the defendant, to appear and show cause why he should not be punished for contempt of court for failure to pay----

'certain alimony and certain taxes directed to be paid by him under an order of this court entered on October 9, 1914. * * *'

The defendant answered this order, and petitioned that he be discharged from the further payment of alimony. At the time of the hearing upon the order and petition, the two children mentioned were no longer dependent upon the mother for support. The hearing resulted in a judgment entered on November 10, 1916, in which it was found that the sum of $450 was then due and unpaid for back alimony, and this was directed to be paid as specified in the order. It was further ordered:

'That the defendant herein pay to plaintiff herein, beginning with April 1, 1917, the sum of $11.66 per month until otherwise directed by this court.'

The...