King v. Miller

Citations

• 10 Wash. 274
• 38 P. 1020
• 1894 Wash. LEXIS 202

Syllabus

<p>divorce — continuing alimony — lien eor payment — foreclosure — SUBSEQUENT ALTERATION OF DECREE.</p> <p>Where, in granting a decree of divorce, the court has made an order requiring the husband to pay the wife a monthly allowance for the support of herself and children, and decreed it a lien upon the real estate of the husband, which decree was not appealed from, upon failure of the husband to make the payments, an action for the foreclosure of such lien may be maintained, wherein the decree may convert the amount of such monthly payments into a gross sum.</p> <p>Where monthly installments of an allowance decreed to the wife, for the support of minor children, upon the granting of a divorce, are converted by the court, in an action foreclosing same, into a gross sum, it is not error for the decree of foreclosure to direct that such gross sum be paid to the wife, without any restriction as to the disposition she should make of the same.</p> <p>Although a decree of divorce may conclude property rights, so far as husband and wife are concerned, a proceeding may subsequently be brought to obtain an allowance or provision for the support of minor children.</p>