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WADE, Justice. In September, 1946, Darwin W. Larsen, appellant herein, obtained a divorce from his wife, VaLene P. Larsen, defendant in that suit and respondent herein. Respondent was granted custody of their minor child and awarded $35 per month for the support of the child while in the care of respondent. In July, 1955, respondent filed an affidavit for an order to show cause why a judgment should not be entered against appellant for failure to make the monthly payments for the support of the child since June, 1947. Appellants return to said order to show cause alleged that his failure to make payments as ordered in the divorce decree was due to respondents refusal to accept such payments from him, and her telling him that a third party, whom she married, was supporting such child, and that all she wanted from appellant is that he should refrain from trying to see her or the child. Because of such representations by respondent, appellant alleged he has now remarried and taken on other obligations which he would not have undertaken had he known she would demand all monies which were payable under the decree. He further alleged that respondent had informed him that she and her present husband would support the child if he would stay away and not interfere in their lives, and that the husband of respondent has supported such child of his own free will and not of necessity and had not given such support in contemplation of being repaid therefor.

Professional & Technical
July 31
LawApp Publishers
Innodata Book Distribution Services Inc

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