Lazar v. Superior Court

Summary

The California Supreme Court reviewed a contempt order against a husband for failing to make monthly payments required by a divorce decree. The court held that the payments, although originating in a property settlement agreement, were incorporated into the decree and intended as support, making them enforceable by contempt. It affirmed the contempt order.

Holdings

1. A monthly payment provision in a property settlement agreement, when incorporated into a divorce decree, becomes an order of the court for support, maintenance, or alimony and may be enforced by contempt proceedings, even if the decree also states the wife is not entitled to maintenance, support, or alimony, because the entire decree must be construed as a whole.

Questions Presented

1. Whether the provision for payment of $130 per month to the former wife is merely a part of an agreement between the parties under which only the usual contract remedies are available, or whether such provision is a part of the court's decree and, as such, an order for payment of support, maintenance or alimony which may be enforced by contempt proceedings.

Disposition

affirmed