Cheever v. Kelly

Citations

• 96 Kan. 269
• 150 P. 529
• 1915 Kan. LEXIS 364

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Alimony — Action for Unpaid Installments — Fraud in Procuring Divorce No Defense to the Action. It is no defense to an action for overdue and unpaid installments of alimony awarded by a decree granting the plaintiff a divorce and alimony that the decree was procured by the plaintiff’s fraud upon the court in presenting false grounds for divorce and sustaining them by false testimony, in which fraud the defendant acquiesced because of false representations made to him by the plaintiff respecting the state of her health.</p> <p>2. Same — Procedure for Collecting Alimony — Lien. When installments of alimony awarded by a decree of divorce and alimony become due and are not paid they may be collected by suit, judgment, and execution, although the decree provided it should not be a lien on the defendant’s property.</p> <p>3. Divorce — Support of Minor Child by Mother — Amount of Her Recovery from Child’s Father. In an action by a mother to recover expenditures for the support of a minor child, made necessary because of the father’s neglect of parental duty, none but sums actually paid and reasonably necessary for the purpose can be recovered.</p>