DIVORCE - ALIMONY - ENFORCEMENT AND INTERPRETATION OF FOREIGN DECREE FOR PAYMENT OF ALIMONY IN INSTALLMENTS

Authors

David Davidoff, University of Michigan Law SchoolFollow

Abstract

Plaintiff brought suit in Georgia to enforce a final divorce decree obtained by her husband in Florida. The decree granted plaintiff $30 a week for the support of herself and three minor children placed in her custody. It further provided that if the plaintiff should remarry, the weekly payments should be reduced to $22.50, and that when any child married or reached maturity, the weekly payments should be reduced $7.50 for each such child. Plaintiff sought to recover $30 per week for 129 weeks. Her husband claimed that plaintiff should recover only $7.50 per week for her own support because she had abandoned their children and he had assumed full responsibility for their support. The lower court found for the defendant. Held, one judge dissenting, judgment affirmed since a proper construction of the Florida decree required the mother to retain custody of the children to be entitled to receive the payments for their support. Dyal v. Dyal, 65 Ga. App. 359, 16 S. E. (2d) 53 (1941).

Recommended Citation

David Davidoff, DIVORCE - ALIMONY - ENFORCEMENT AND INTERPRETATION OF FOREIGN DECREE FOR PAYMENT OF ALIMONY IN INSTALLMENTS, 40 Mich. L. Rev. 596 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss4/12