(Download) "Bobby L. Hayes v. James G. Towles" by Supreme Court of Idaho No. 11099 * eBook PDF Kindle ePub Free

July 18, 2021

eBook details

Title: Bobby L. Hayes v. James G. Towles
Author : Supreme Court of Idaho No. 11099
Release Date : January 09, 1973
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

This original proceeding was initiated by the petitioner, Bobby L. Hayes, who filed in this Court an application for a writ of review of an order of the District Court of the First Judicial District, Shoshone County, whereby the petitioner was adJudged guilty of contempt of court. This Court granted the petitioner's application and subsequently issued the requested writ. In April, 1958, the petitioner's then wife Wanda Hayes filed a divorce complaint in which, inter alia, she prayed for judgment [requiring] the defendant [Bobby L. Hayes] to pay to plaintiff for the support of the minor children of the parties the sum of $80.00 per month beginning the 1st day of May, 1958, and continuing until said children reach the age of 18 years or until plaintiff shall remarry under such circumstances as said payments shall become unnecessary for the support of said children. Having been served with process, Bobby Hayes failed to appear, answer, or plead; and the district court therefore declared him in default on May, 12, 1958. On that same day, the court entered findings of fact and Conclusions of law which, inter alia, required that defendant pay to plaintiff for the support of the minor children of the parties the sum of $80.00 per month beginning the 1st day of May, 1958, and continuing until said children reach the age of 18 years or until plaintiff shall remarry under such circumstances as said payments shall become unnecessary for the support of said children. Emphasis added. Also filed on May 12 was a default decree of divorce which, inter alia, required [defendant] to pay to plaintiff for the support of the minor children of the parties the sum of $80.00 per month, the first payment to be made immediately upon receipt of this order and subsequent payments to be made thereafter on the first day of each month beginning June, 1958. Thus, although the findings and Conclusions conformed to the prayer for child support contained in the complaint, and although by its own terms the decree purported to be in accordance with said Findings of Fact and Conclusions of Law, a variance nevertheless existed between the language of the decree, on the one hand, and the language employed in both the complaint and the Conclusions of law on the other -- in that the decree failed to specifically provide that the defendant's child support obligation would continue only until said children reach the age of 18 years or until plaintiff shall remarry under such circumstances as said payments shall become unnecessary for the support of said children.