Farmer v. Farmer

The opinion of the court was delivered by This is an appeal from an order of the trial court refusing to
modify child support payments as ordered in the previous decree
of divorce between the parties. The evidence leading up to the rendition of the order from
which the appeal is taken will be briefly stated: Appellant
(father) and appellee (mother) were first married in August,
1947. Shortly after their marriage a child was born. The parties
lived together until November, 1949, when an action for divorce
was filed in Allen County. On March 1, 1950, after hearing the
evidence in the divorce action, the trial court determined the
parentage of the child to be that of the parties to the action,
and granted a divorce to the mother, giving her the custody of
the child. On November 30 of the same year, the parties were
remarried. A second divorce was subsequently obtained by the
mother, at which time she was again awarded the custody of the
child, and the appellant was ordered to pay the appellee the sum
of $40 per month for the support of the minor child, the first
payment to be made June 5, 1952. At the time of the second
divorce, no question was raised as to the parentage of the minor
child, that issue having been determined in the first divorce
action in 1950. Appellant made child support payments under the
mentioned court order. In the early part of 1954, appellant filed
his motion in the second divorce case requesting the trial court
to reduce or set aside the order for future child support, for
the
[177 Kan. 658]