Fisher v. Fisher

• Decision Date: 10 March 1931
• Parties: Fisher v. Fisher.
• Court: United States State Supreme Court — District of Kentucky

Page 823

237 Ky. 823

Fisher v. Fisher.

Court of Appeals of Kentucky.

Decided March 10, 1931.

1. Divorce. — Remarriage did not relieve divorced husband of obligation to pay alimony.

2. Divorce. — Evidence held not to justify relieving husband altogether from alimony payments, but to require that husband should contribute $5 weekly to support of former wife.

3. Divorce. — Chancellor may from time to time modify alimony order according to changes of circumstances.

Appeal from Campbell Circuit Court.

JOHN W. HEUVER for appellant.

ARTHUR C. HALL for appellee.

OPINION OF THE COURT BY STANLEY, COMMISSIONER.

Reversing.

On February 16, 1914, a divorce was granted Anna M. Fisher from her husband, Albert Bruce Fisher, on the ground of abandonment. An agreed order was entered providing that Mrs. Fisher should have the custody of their three children and should be paid $7 a week for the support of herself and the children. A provision was made for modification after one year. From time to time it appears that Mr. Fisher fell behind in the payment of this alimony and Mrs. Fisher was required to appeal to the court. At the time of the divorce two of the children (twins) were about eight years old and the other about three. Mrs. Fisher for some years has been employed as a tailoress in Cincinnati, and has left home almost every morning at 7 o'clock, returning about 6 o'clock in the evening. By her labors and frugality she educated her children in a Catholic high school, and sent one of the boys to college for two years, and gave another a business course. The youngest son is now attending a co-operative engineering school in Detroit. When the separation took place, it appears that Mrs. Fisher held title to some real estate which was being paid for by the joint earnings of the husband and wife. He surrendered his claims to it; but it seems that this property was lost through foreclosure of the mortgage thereon. Mrs. Fisher and her children have lived in a four-room flat in Bellevue. One of these rooms was rented out to another part of the time. Two of the boys now have good positions and earn substantial salaries. Mrs. Fisher has been earning about $35 a week. She is 52 years old and not in good health.

In a financial way life has been better for Mr. Fisher. He married again, and he and his brother jointly own a trucking or moving business. He also owns a farm of 248 acres which is well stocked, and a substantial home in Bellevue which is well furnished. H...