- 11 - 330 P.2d 947, 952 (Cal. Dist. Ct. App. 1958) (holding that a trial court had the authority, pursuant to a minute order, to direct payment of permanent alimony commencing at a date earlier than the effective date of a decree of divorce). As an order, the Minute Order and attached Tentative Decision was binding on the parties even though it was subject to modification or termination by the court and did not constitute a judgment. See City of Los Angeles v. Oliver, 283 P. 298, 309 (Cal. Dist. Ct. App. 1929). Section 1007 of the California Code of Civil Procedure (West 1980) provides that "Whenever an order for the payment of a sum of money is made by a Court, pursuant to the provisions of this Code, it may be enforced by execution in the same manner as if it were a judgment." (Emphasis added.) In Shields v. Shields, 130 P.2d 982, 983 (Cal. Dist. Ct. App. 1942), the court held that this section applies to orders for the payment of alimony. See also Mathews v. Mathews, 193 P. 586, 587 (Cal. Dist. Ct. App. 1920) (holding that a provision in an interlocutory judgment of divorce for the payment of certain alimony, though subject to modification, need not be expressly carried into the final decree to be enforceable). Based on the above discussion, we hold that the Minute Order and Tentative Decision constitutes a valid support decree for purposes of section 71(b)(2)(C), and therefore qualifies as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011