Icke's Marriage, In re, No. C--628

Docket NºNo. C--628
Citation189 Colo. 319, 540 P.2d 1076
Case DateSeptember 15, 1975
CourtSupreme Court of Colorado

Page 1076

540 P.2d 1076
189 Colo. 319
In re the MARRIAGE OF Lewis A. ICKE, Petitioner,
and
Genevieve Icke, Respondent.
No. C--628.
Supreme Court of Colorado, En Banc.
Sept. 15, 1975.

John A. Kintzele, James A. Dubee, Denver, for petitioner.

Macy & Boulter, Stuart L. Boulter, Northglenn, for respondent.

DAY, Justice.

We granted certiorari to review one aspect of a decision of the Court of Appeals in In re the Marriage of Icke, 35 Colo.App. 60, 530 P.2d [189 Colo. 320] 1001 (1974). The Court of Appeals affirmed a judgment of the trial court ordering, Inter alia, that life insurance be maintained by a parent obligated to pay child support. We affirm the decision of the Court of Appeals.

The facts in this case are not in dispute. Petitioner and respondent were granted a decree dissolving their marriage of nearly nineteen years' duration. The parties had three minor children at the time of the final hearing. As part of the district court's order concerning custody, property division, maintenance and child support, the petitioner was ordered to maintain a $10,000 life insurance policy with his minor children made beneficiaries. Prior to the decree, the respondent had been beneficiary under the policy.

The petitioner appealed the trial court's order regarding maintenance of the insurance policy, as well as property division, maintenance and payment of respondent's attorney's fees. The Court of Appeals affirmed, and we granted certiorari solely on the insurance issue.

This aspect of the Court of Appeals decision is at variance with our prior case law on the subject. In Laws v. Laws, 164 Colo. 80, 432 P.2d 632 (1967), we held that a trial court's power to order a non-custodial parent to support his minor children does not encompass the power to compel the parent to maintain life insurance policies with the children as beneficiaries. As the Court of Appeals points out, that case and others which followed were decided prior to the enactment of the Uniform Dissolution of Marriage Act, under which the order in the present case was issued. 1971 Perm.Supp., C.R.S.1963, 46--1--1 Et seq. 1 Section 46--1--22(3) 2 states as follows:

'Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child But not by the death of a parent obligated to

Page 1077

support the child. . . .' (Emphasis added.)

This statute effects a legislative abrogation of the common law that...

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16 practice notes
  • Marriage of Ingels, In re, No. 78-221
    • United States
    • Colorado Court of Appeals of Colorado
    • March 8, 1979
    ...See Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), Aff'd, 189 Colo. 319, 540 P.2d 1076 (1975); See also In re Marriage of Corbin, Colo.App., 591 P.2d 1046 (1979). Wife has made no such showing Finally, wife argues that......
  • Abrams v. Connolly, No. 88SC98
    • United States
    • Colorado Supreme Court of Colorado
    • October 23, 1989
    ...into a dissolution decree becomes a final money judgment "when it is due and not paid." 5 We acknowledged in Icke v. Icke, 189 Colo. 319, 540 P.2d 1076 (1975), that one of the effects of section 14-10-122(3), 6B C.R.S. (1987), is to invalidate our pre-UDMA decision in Laws v. Laws......
  • Marriage of Ward, In re, No. 86SC23
    • United States
    • Colorado Supreme Court of Colorado
    • July 20, 1987
    ...In our view, the trial court's discretion extends to the amount of maintenance and the mode of payment. Cf. In re Marriage of Icke, 189 Colo. 319, 540 P.2d 1076 (1975) (maintenance of life insurance policy with minor children as beneficiaries is a reasonable means by which child support obl......
  • Lynn Lou Webb v. Terry Lee Webb, 97-LW-4931
    • United States
    • United States Court of Appeals (Ohio)
    • December 31, 1997
    ...the law does not place a greater obligation upon a divorced parent than married parents) overruled In re Marriage of Icke (Colo. 1975), 540 P.2d 1076, 1077 (finding that Colorado's adoption of the UMDA abolished the common law rule of no support after the parent's death). Commentators have ......
  • Request a trial to view additional results
16 cases
  • Marriage of Ingels, In re, No. 78-221
    • United States
    • Colorado Court of Appeals of Colorado
    • March 8, 1979
    ...See Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), Aff'd, 189 Colo. 319, 540 P.2d 1076 (1975); See also In re Marriage of Corbin, Colo.App., 591 P.2d 1046 (1979). Wife has made no such showing Finally, wife argues that......
  • Abrams v. Connolly, No. 88SC98
    • United States
    • Colorado Supreme Court of Colorado
    • October 23, 1989
    ...incorporated into a dissolution decree becomes a final money judgment "when it is due and not paid." 5 We acknowledged in Icke v. Icke, 189 Colo. 319, 540 P.2d 1076 (1975), that one of the effects of section 14-10-122(3), 6B C.R.S. (1987), is to invalidate our pre-UDMA decision in Laws v. L......
  • Marriage of Ward, In re, No. 86SC23
    • United States
    • Colorado Supreme Court of Colorado
    • July 20, 1987
    ...In our view, the trial court's discretion extends to the amount of maintenance and the mode of payment. Cf. In re Marriage of Icke, 189 Colo. 319, 540 P.2d 1076 (1975) (maintenance of life insurance policy with minor children as beneficiaries is a reasonable means by which child support obl......
  • Lynn Lou Webb v. Terry Lee Webb, 97-LW-4931
    • United States
    • United States Court of Appeals (Ohio)
    • December 31, 1997
    ...the law does not place a greater obligation upon a divorced parent than married parents) overruled In re Marriage of Icke (Colo. 1975), 540 P.2d 1076, 1077 (finding that Colorado's adoption of the UMDA abolished the common law rule of no support after the parent's death). Commentators have ......
  • Request a trial to view additional results

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