Kinney v. Kinney

• Decision Date: 11 February 1911
• Citation: 150 Iowa 225,129 N.W. 826
• Parties: KINNEY v. KINNEY.
• Court: Iowa Supreme Court

150 Iowa 225

129 N.W. 826

KINNEY

v.KINNEY.

Supreme Court of Iowa.

Feb. 11, 1911.

Appeal from District Court, Guthrie County; Edmund Nichols, Judge.

The opinion states the material facts. Reversed.

Sayles & Taylor, for appellant.

Weeks & Hughes, for appellee.

WEAVER, J.

The parties hereto, formerly husband and wife, were divorced at the suit of the latter by a decree entered October 12, 1908. By the terms of the decree the plaintiff was awarded alimony in the sum of $1,400 and the custody of three minor children, one son and two daughters, while the defendant retained custody of a minor son. A little less than 11 months from the date of the divorce, plaintiff caused the case to be redocketed upon her application for a modification of the decree by the allowance of an increase of alimony for the support and maintenance of the three children which had been awarded to her care. In support of this demand, she states that the allowance originally made is insufficient for the support of said children, and that she has no means of her own with which to furnish said support. She further alleges that the youngest child, a girl of six years, is afflicted with a disease of the spine, requiring much labor and attention for her proper care, and that to provide such care for the invalid child and the proper support of all said minor children she ought, in justice, to be allowed $10 per week, and she asks that defendant be adjudged to pay her that sum during their minority. The defendant admits the divorce and the payment by him of alimony to the extent of $1,400, and alleges that in addition thereto plaintiff received a horse and cow and other goods and chattels of material value. He further admits the sickness of the youngest child, but says the other children are to a material degree self-supporting and expresses his willingness to take the invalid daughter into his own keeping and support her at his own home. He further alleges that he is financially unable to pay any additional alimony, and that the conditions existing at the date of divorce have not so changed as to entitle plaintiff to any modification of the decree in this respect. After hearing the evidence, the trial court modified the decree by ordering and adjudging that defendant pay to the clerk the sum of $100 to be expended in providing medical treatment for the sick child, and that he pay for the use of plaintiff the sum of $12 per month for the support and maintenance of said child until she arrives at the age of 16 years. From this judgment the defendant appeals.

The evidence tends to show that, of the $1,400 alimony paid to her, plaintiff has expended about $1,000 in the purchase of a home, that she has no independent source of income except her own labor, and that the sick child requires much of her time and attention. The oldest of the three children is at work for wages, and the other is a girl of 12 or 13 years, in good health. The defendant was, at one time, the proprietor of a livery stable, but at the date of this judgment was the tenant of a rented farm on which he had personal property of an assessed value of $1,088. So far as appears from the evidence, there had been no material change in his financial condition after the divorce and prior to the hearing on this application in the court below. Nor is there any showing of material change in the circumstances and conditions of the plaintiff and her children. She says the invalid daughter remains in about the same state of physical health. The allowance of alimony in the decree of divorce was based upon the stipulation and agreement of the parties. Concerning this matter plaintiff says she thought at the time she ought to have more, but $1,400 was all defendant would consent to give her, and she accepted it rather than to have “any fussing over...