Page:United States Statutes at Large Volume 76A.djvu/780

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–684–

-684§ 233. Maintenance where divorce is denied Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them. § 234. Separate maintenance action (a) Without applying for a divorce, a husband or wife may maintain in the district court a separate maintenance action against the other spouse for permanent support and maintenance of the plaintiff or of the plaintiff and children, when: (1) the defendant willfully deserts, or fails to provide for the plaintiff; or (2) the plaintiff has a cause of action for divorce as provided by section 111, of this title. (b) During the pendency of the action, the court may require the husband or wife to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and have execution issue therefor. (c) I n an action under this section, the court, in granting permanent support and maintenance of a spouse or of a spouse and children, shall make the same disposition of the community property as would have been made if the marriage had been dissolved by judicial decree. (d) The court may enforce its final judgment in an action under this section by such orders as from time to time it deems necessary, and may amend or revoke the orders at its discretion. § 235. Alimony and maintenance; care, custody and support of children The court, in rendering a decree of divorce may make such order touching the alimony and maintenance of the husband or wife, the care, custody, and support of the children, or any of them, as from the circumstances of the parties and the nature of the case, is reasonable and just. The court may order the giving of reasonable security for the alimony and maintenance, or may enforce the payment of the alimony and maintenance in any other manner consistent with the rules and practice of the court. On application, the court may, from time to time, make such alterations in the allowance of alimony and maintenance and the care, custody, and support of the children as appear reasonable and proper. In decreeing a divorce, the court may order the payment of alimony in a gross sum or in installments as may seem best. I t may make the orders and enforce them by attacliment and secure the payment of the alimony, but judgment for alimony may not be taken when the defendant is not personally served with summons or does not voluntarily appear. § 236. Order of resort to property I n executing sections 232-235 of this title, the court shall resort: (1) to the community property; then (2) to the separate property of the party required to make the payments. § 237. Withholding allowance to prevailing party Wlien the prevailing party has a separate estate, or is earning his or fier own livelihood, or there is community property sufficient to give him or her alimony or a proper support, or the custody of the children has been awarded to the other party who is supporting them, the court may withhold any allowance to the prevailing party out of the separate property of the other party. Where there are no children, and either party has a separate estate sufficient for his or her proper support, an allowance may not be made from the separate estate or the other party.