205 F.2d 720 - Brown v. Brown — 205 F.2d 720

How this case has been cited

Cited by 21 later decisions — most recently May 1988

17 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Miss Lola Boswell, Washington, D. C., for appellant.

¶2Mr. Jesse Lee Hall, Washington, D. C., for appellee.

¶3Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

¶4PER CURIAM.

¶5In Kephart v. Kephart, 89 U.S.App.D.C. 373, 380, 193 F.2d 677, 684, certiorari denied, 342 U.S. 944, 72 S.Ct. 557, 96 L.Ed. 702, this court held that the District Court “cannot modify or remit installments of alimony after they have become due by the terms of the original judgment which ordered their payment.”

¶6The same principle applies to payments a husband has been ordered to make to his wife for the maintenance of their minor child. In the present case the court found that after the maintenance order was entered, and before the appellant husband moved to have it modified, the child was emancipated by being allowed to leave school and go to work. The court correctly held that it had no authority to modify or remit payments that became due after the child was emancipated and before the motion was filed.

¶7Affirmed.