Kingman v. Kingman, 200 Ill. App. 338 (1916)

April 14, 1916 · Illinois Appellate Court · Gen. No. 6,178
200 Ill. App. 338

Evalyn Kingman, Appellee, v. Louis Kingman, Appellant.

Gen. No. 6,178.

(Not to be reported in full.)

Abstract of the Decision.

1. Divobce, § 109 * —what orders relative to. alimony may he made. The court may, from time to time, make such orders as to the amount of alimony that shall be paid as the exigencies of the • case require.

2. Divobce, § 110*—when amount of alimony properly reduced. Where, owing to financial reverses, the defendant’s income had been very much reduced, alimony was reduced from $20 to $5 per week, and an order committing him for contempt for not paying alimony past due, reversed.

3. Divorce, § 110*—when refusal to reduce alimony erroneous. Refusal of the court to reduce alimony because the defendant was in contempt for failure to pay alimony past due, held error.

Appeal from the Circuit Court of Peoria county; the Hon. Theodobe N. Green, Judge, presiding. Heard in this court at the October term, 1915.

Reversed and remanded with directions.

Opinion filed April 14, 1916.

Statement of the Case.

Petition filed by Evalyn Kingman, petitioner, against Lonis Kingman, respondent, asking for a rule to show cause why the respondent should not be ■ attacked for contempt of court for refusal to pay alimony. From an order entered against him, the defendant appeals.

Evans & Evans, for appellant.

Robert H. Lovett and Weil & Bartley, for appellee.

Mr. Justice Carnes

delivered the opinion of the court.