22 N.W.2d 321 | Minn. | 1946
Plaintiff, during the pendency of this action for divorce, obtained an order allowing her temporary alimony and attorney's fees. At the time of trial there was due her $900 unpaid temporary alimony. Evidently $60 thereof was paid after entry of the judgment. The judgment reserved to plaintiff the right to the unpaid temporary alimony without stating what amount was due. Upon a showing that the $840 was unpaid, plaintiff moved to amend the judgment so as to provide that she was entitled to recover $840 from defendant. At the same time she made another motion to amend the judgment so as to provide that defendant pay her as alimony $50 per month instead of $35. Defendant made a countermotion to amend the judgment by eliminating therefrom the provision reserving to plaintiff the right to the unpaid temporary alimony. The trial court denied the three motions, except that it ordered defendant to pay to plaintiff $45 per month, of which $10 was to be applied on the unpaid temporary alimony and the balance was to be permanent monthly alimony, and also the sum of $25 as an attorney's fee. Defendant has failed to comply with the order although it was duly served on him. In answer to the order to show cause why he should not be adjudged to be in contempt for failure to make *464 the payments according to the order, defendant took the position that, because of the entry of the judgment, the court could not compel him to pay the unpaid temporary alimony.
1. In Richardson v. Richardson,
2. The suggestion has been made here that the judgment and order amending it leave uncertain the amount to be paid by defendant. This point was not raised in the trial court and cannot be raised here for the first time on appeal. The trial judge said: "Both the plaintiff and the defendant are well aware of the amount due." Of course defendant may apply to the trial court for an order determining the balance due, if that be necessary.
For the reasons stated in Louden v. Louden,
Affirmed.
MR. JUSTICE CHRISTIANSON took no part in the consideration or decision of this case. *465