Kelly v. Kelly

1. Divorce ? Divorce decree not modifiable when its provisions not complied with. When the defendant is in arrears on past due installments and has deliberately and continuously refused to make the payments for the support of his children required by the divorce decree, he was not entitled to petition for a modification of the decree unless the best interest of the children required modification. West Key No. Divorce 311. 2. Divorce ? Divorce decree not modifiable as to installments unpaid. A divorce decree directing a father to make monthly payments for the support of minor children was not subject to modification as to installments past due and unpaid. - Page 240 3. Divorce ? Modification of decree abuse of discretion of court. Where the divorce decree awarded the custody of minor children to the mother who placed them in the care of her aunt and uncle who gave them unusually good care, the modification of the decree by awarding the custody of the children to the father who had not made payments for the support of the children as required by the decree and by authorizing him to remove the children from the jurisdiction of the trial court was an abuse of the discretion of the court.