Andrews v. Andrews

Citations

• 69 Ill. 609

Syllabus

<p>1. Almost—decree may provide for an attachment for neglect to pay. The circuit court, on decreeing a divorce and alimony, has the undoubted power to award an attachment for non-compliance with the order for the payment of alimony.</p> <p>2. Same—where deoree is made a lien on land., not proper to awa/i'd an attachment. Where a decree of divorce and alimony to the wife is made a lien on the husband’s real estate, as to the wife’s solicitor’s fee, it will not be proper also to award an attachment for a contempt for a failure to pay such fee.</p> <p>3. Same—must be reasonable in view of defendant's means. Where the husband owned not more than §6000 or §7000 worth of property, real and personal, and was liable for §1000 mortgage on his land and for §250 debts contracted by his wife, and the main part of bis income was derived from sixty-five acres of land, and the annual increase of a few head of cattle, it was held, that a decree on divorce giving the wife §2800 was excessive, and that §2000, payable in installments, would be a reasonable and proper sum.</p> <p>4. Same—lam does not give one-third of husband's means. On divorce, the wife is not entitled to one-third of the husband’s means as alimony, or any other specified portion of his estate. It should only be for such sum, for the maintenance of the wife and the care of the children, if any, as, from the circumstances of the parties and the nature of the case, shall he fit, reasonable and just.</p>