Summary
In Evar v. Evar, 330 Ill. App. 247, 70 N.E.2d 422 (Abst.), the court, in a previous action, had reduced alimony payments because of, inter alia, the wife having obtained gainful employment since the original decree and in the present action reinstated the original allowance pursuant to her petition alleging that she had lost her position and was in need of additional support.
Summary of this case from Warren v. WarrenOpinion
Gen. No. 43,902. (Abstract of Decision.)
Opinion filed January 6, 1947 Rehearing denied January 20, 1947 Released for publication January 20, 1947
DIVORCE, § 191 — wife as not obliged to seek employment to relieve husband of obligation of support. Where divorce decree was modified upon husband's petition, alleging that change in circumstances had occurred in that wife was employed, so that further payments to wife were suspended, further modification of decree so as to again provide for allowance to wife would be made upon her petition alleging that she had lost her position and was in need of support, and wife was not obliged to seek employment, although able to work, to relieve husband of obligation of support when he had ability to do so.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. E.J. SCHNACKENBERG, Judge, presiding.
Affirmed. Heard in the second division, first district, this court at the October term, 1946.
Allan W. Cook, for appellant;
Allan W. Cook and Wallace B. Kemp, of counsel;
John J. Maciejewaki, for appellee.
Not to be published in full. Opinion filed January 6, 1947; rehearing denied January 20, 1947; released for publication January 20, 1947.