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State Law Does Not Guarantee Alimony Payment to Divorced Wife, Court RulesState law provides no guar-1 antee of alimony to a divorcedwife, the Montana Supreme Court has ruled, upholding a rul- | ing by Dist. Judge E. E. Fen-» ton.'The delicate decision is one l of balancing the needs of the• wife for support and maintenance against the husband’s I honest ability to provide,” theI unanimous decision said.The lower court’s ruling was » appealed to the high court byI Norma Hay Daniels. 49. divorced from Vem E. Daniels in I August 1946 on ground of ex-I treme cruelty. At that time theyhad a daughter. Elaine, 5, who was placed in custody of Mrs. Daniels.A settlement gave Mrs. Daniels $400 a month alimony and child support, a 1947 Cadillac | auto, a home valued at between $12,500 and $20,000 and $3,000 cash for furniture.In October 1951. the court reviewed the divorce decree and transferred custody of Elaine to her father. At the same time, the $400 a month alimony was reduced to $250. Further reduction to $125 was made in April 1962.In her original court action.Mrs. Daniels was attempting to collect overdue alimony amounting to $1,625. Daniels pleaded it was financially unable to pay alimony in any amount.Judge Fenton modified the divorce decree again to clear Daniels of further alimony subject to review should Daniels financial circumstances improve. The order did not affect obligation of Daniels to pay the $1,625 back alimony payments.In support of the lower court, the Supreme Court said the trial judge must weigh the relative circumstances of the parties in light of the evidence presented.
Newspaper Details
Helena Independent Record
Helena, Montana, US
Mon, Jan 17, 1966
Page 10
Full Page
Clipped by
Western H.
MT, USA 03 Feb 2017
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