Lish v. Lish (191 Cal. App. 2d 343, 1961)

HERNDON, J. This is an appeal from an order dismissing an order to show cause wherein appellant wife sought a modification of the provisions of the interlocutory and final decrees of divorce relating to alimony and attorney’s fees. The order dismissing the order to show cause was made without the taking of any testimony, the trial court holding that the provisions of the decrees were not subject to modification as a matter of law because the property settlement agreement incorporated into the divorce decrees was fully integrated. Appellant concedes that the property settlement agreement has been merged into the decrees by virtue of the language thereof. The issues presented by the parties are: (1) whether the alimony and property settlement provisions of the instant agreement were integrated, and (2) whether the terms of the agreement are such as to indicate the intent of the parties that the alimony provisions remained subject to modification. The resolution of these questions calls for an examination and analysis of the agreement here involved. It is recited that ‘ ‘ [t] he parties hereto desire, by this agreement, to settle and adjust, as between themselves, their respective property rights, and to provide for the future support of wife.” The community property is enumerated and described and provision is made for its division between the parties. Paragraph 9 reads as follows: “9. Support op Wipe: Subject to the orders of