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(DOWNLOAD) "Ortiz v. Ortiz" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free

Ortiz v. Ortiz

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eBook details

  • Title: Ortiz v. Ortiz
  • Author : Supreme Court of Kansas
  • Release Date : January 08, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The opinion of the court was delivered by On July 24, 1950, in a divorce proceeding there pending,
plaintiff Evelyn Ortiz was granted a divorce from the defendant
Rafael Ortiz in the district court of Sedgwick County, the decree
providing, among other things, that defendant pay plaintiff the
sum of $10 per week for the support of their minor child Joyce
Ortiz, who, according to the petition, was then twelve years of
age. Defendant failed to pay the weekly child support payments as
required by the order which, by July, 1955, amounted to
approximately $2,755. Sometime during the spring of 1955, not disclosed by the
record, the plaintiff in the divorce action filed a motion in the
court where the judgment was rendered asking for a lump sum
judgment of the accumulated child support, alleged to be due in
the amount of $2,755. In response to this motion the defendant in
that action filed an answer stating (1) that he had been ill and
unable to make payments; (2) that on March 1, 1952, the daughter
Joyce was married to one Joe Ayola, that she had a child of her
own and since her marriage had not been living with the
plaintiff; and (3) that if plaintiff was entitled to any judgment
she must first produce evidence of her outlay made necessary by
defendant's neglect of his parental duties. Subsequently
defendant filed a motion wherein he moved for an order modifying
the child support portion of the original order, again asserted
that such child was married and had not lived at home since such
marriage, and prayed for an order discontinuing the child support
payments and modifying the original order by eliminating all
payments due under its terms after the date of such marriage.


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