Simpson v. Superior Court

BERNSTEIN, Justice.

This prohibition proceeding presents the question whether on an application to modify a divorce decree the superior court has jurisdiction to reduce the support and maintenance payments for the wife where these payments were fixed in a separation agreement which is incorporated but not merged in the decree.

On August 13, 1956, Helen P. Simpson (hereinafter called the “wife”) and Donald H. Simpson (hereinafter called the “husband”), who were then married but living apart, entered into a “Property Settlement Agreement” (hereinafter called the “Agreement”) which, among other…