Image:MichiganLawReview-602.JPG

Watchers
Image Information
Date
1914
Families
Arthur Schoennauer and Fanny Sells (1)
Copyright holder
University of Michigan

Page 602 of Michigan Law Review: Volume XII 1913-1914 by University of Michigan Department of Law (1914).

Quote:

"DIVORCE—HUSBAND'S LIABILITY FOR SUPPORT OF HIS MINOR CHILDREN AFTER DIVORCE.—A husband obtained a divorce from his wife on the ground of desertion, she being defaulted after service by publication. Neither the bill nor the decree made any reference to the child of the parties; the wife now seeks to recover sums expended in supporting the child, which has remained in her custody, and to obtain an order requiring the defendant to pay a certain sum monthly for its support. Held, that he is liable. Schoennauer v. Schoennauer (Wash. 1914), 137 Pac. 325."

"The court overruled defendant's contention that, since the decree was granted because of the wife's fault, therefore she could not recover, declaring that defendant's liability for the support of the child had not been previously determined, and that such liability would remain even though the wife had been remiss. This defense was allowed in Fitter v. Fitter, 33 Pa. 50; Fulton v. Fulton, 52 Ohio 229, 49 Am. St. Rep. 720, 29 L. R. A. 678. See also Foss v. Harhvell, 168 Mass. 66, 37 L. R. A. 589; Baldwin v. Foster, 138 Mass. 449; Glynn v. Glynn, 94 Me. 465; Lapworth v. Leach, 79 Mich. 16; 12 MICH. L. REV. 149. It would seem that children should not be deprived of their right to support by their father, because of their mother's wrongdoing, and in accord with the principal case are White v. White, 169 Mo. App. 40, 154 S. W. 872; Bemus v. Bemus (Tex. Civ. App.), 133 S. W. 503. For a recent general discussion of the liability of the father to support his minor children see Johnson v. Latty (1914 N. D. Ohio), 210 Fed. 961, which affirms his liability."

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