Cooper v. Matheny

13 Citing cases

  1. Messier v. Bickford

    146 Vt. 292 (Vt. 1985)   Cited 2 times

    Forte v. Forte, 143 Vt. 518, 521, 468 A.2d 561, 563 (1983). We hold that a divorce decree which sets an undivided weekly sum to be paid for the support of two or more minor children is deemed to require payment of the entire sum until the youngest child attains majority or until the decree is otherwise prospectively modified by a court order. Cooper v. Matheny, 220 Or. 390, 392, 349 P.2d 812, 813 (1960). The support obligor is not automatically entitled to a pro rata reduction in the amount of an undivided award each time one of the children attains his or her majority. If the spouse paying support considers it unjust to be required to pay the full amount until the youngest child reaches the age of majority, the proper remedy is to seek modification of the decree in the trial court.

  2. Finley v. Finley

    81 Ill. 2d 317 (Ill. 1980)   Cited 140 times
    Concluding that unlike other judgments, judgments on past-due child support do not draw interest unless the court orders so in its discretion

    These courts require that the entire sum be paid until the yougest child attains majority, or until the decree is otherwise prospectively modified by a court order. (See, e.g., Becker v. Becker (1978), 39 Md. App. 630, 387 A.2d 317; Parsley v. Parsley (Mo.App. 1978), 563 S.W.2d 146; Halcomb v. Halcomb (La. 1977), 352 So.2d 1013; Redman v. Redman (Wyo. 1974), 521 P.2d 584; Rhodesv. Gilpin (D.C. 1970), 264 A.2d 497; Delevett v. Delevett (1968), 156 Conn. 1, 238 A.2d 402; Spivey v. Furtado (1966), 242 Cal.App.2d 259, 51 Cal. Reptr. 362; Cosgriff v. Cosgriff (N.D. 1964), 126 N.W.2d 131; Beaird v. Beaird (Tex.Civ.App. 1964), 380 S.W.2d 730; Jerry v. Jerry (1962), 235 Ark. 589, 361 S.W.2d 92: Taylor v. Taylor (1961), 147 Colo. 140, 362 P.2d 1027; Cooper v. Matheny (1960), 220 Or. 390, 349 P.2d 812; Schrader v. Schrader (1947), 148 Neb. 162, 26 N.W.2d 617; Estes v. Estes (1941), 192 Ga. 100, 14 S.E.2d 680. See also 2 W. Nelson, Divorce and Annulment sec. 14.91, at 127-28 (2d ed. 1961).

  3. Becker v. Becker

    387 A.2d 317 (Md. Ct. Spec. App. 1978)   Cited 10 times

    This rule has been adopted in the vast majority of jurisdictions which have considered the question of whether the award of an undivided sum periodically for the support and maintenance of minor children is automatically reduced when the eldest child attains his majority. See e.g. Doty v. Doty, 45 Ill. App.3d 213, 359 N.E.2d 784 (1977); Halcomb v. Halcomb, 343 So.2d 1183 (La. App. 1977), aff'd., 352 So.2d 1013 (La. 1977); Redman v. Redman, 521 P.2d 584 (Wyo. 1974); Delevett v. Delevett, 156 Conn. 1, 238 A.2d 402 (1968); Cosgriff v. Cosgriff, 126 N.W.2d 131 (N.D. 1964); Gordon v. Ary, 358 S.W.2d 81 (Mo. Ct. App. 1962); Taylor v. Taylor, 147 Colo. 140, 362 P.2d 1027 (1961); Cooper v. Matheny, 220 Or. 390, 349 P.2d 812 (1960); Kuyper v. Kuyper, 244 Iowa 1, 55 N.W.2d 485 (1952); Schrader v. Schrader, 148 Neb. 162, 26 N.W.2d 617 (1947); Miller v. Miller, 74 App. D.C. 216, 122 F.2d 209 (1941). But see Ditmar v. Ditmar, 48 Wn.2d 373, 293 P.2d 759 (1956);Codorniz v. Codorniz, 34 Cal.2d 811, 215 P.2d 32 (1950).

  4. Torma v. Torma

    645 P.2d 395 (Mont. 1982)   Cited 15 times
    In Torma v. Torma (1982), 198 Mont. 161, 168, 645 P.2d 395, 399, we held that "a property division should at least reflect the relative contributions of the parties, as well as entitle each to a proportionate share of the appreciation in property values in the wake of divorce."

    Second, to regard an undivided child support order as equally divisible among the children is to ignore the fact that the requirements of the individual children may vary widely, depending on the circumstances. Cooper v. Matheny, [(1960), 220 Or. 390, 349 P.2d 812, 813].' Delevett v. Delevett, [(1968), 156 Conn. 1, 238 A.2d 402, 404]." Becker, 387 A.2d at 320.

  5. Ellis v. Ellis

    292 Or. 502 (Or. 1982)   Cited 6 times

    We have no reason to review that finding and on review we reach no issue regarding this obligation. The mother has made no contention under Cooper v. Matheny, 220 Or. 390, 392, 349 P.2d 812 (1960), perhaps because the decree orders support for each child rather than for both. Our references to a child are to the older child only.

  6. Redman v. Redman

    521 P.2d 584 (Wyo. 1974)   Cited 16 times
    In Redman v. Redman, 521 P.2d 584 (Wyo. 1974), we espoused the principle that a party who seeks to reduce an indivisible order of child support because of the fact that some of the children had been emancipated should petition the court for modification rather than unilaterally reducing his payments.

    See n. 3, supra. Cited as authority sustaining the severability of the support award are Ditmar v. Ditmar (1956), 48 Wn.2d 373, 293 P.2d 759, and Codorniz v. Codorniz (1950), 34 Cal.2d 811, 215 P.2d 32, holding that as children married or circumstances changed concerning their dependency the father was justified in reducing the support payment without previous order of court, but we are not convinced that they represent either the majority or better view. Severability was specifically considered and rejected in Cooper v. Matheny (1969), 220 Or. 390, 349 P.2d 812; Schrader v. Schrader (1947), 148 Neb. 162, 26 N.W.2d 617; Cosgriff v. Cosgriff (N.D. 1964), 126 N.W.2d 131; Rhodes v. Gilpin (D.C.App. 1970), 264 A.2d 497; and Delevett v. Delevett (1968), 156 Conn. 1, 238 A.2d 402. In Rhodes, 264 A.2d at 499, it was said:

  7. Delevett v. Delevett

    238 A.2d 402 (Conn. 1968)   Cited 20 times
    Holding that the trial court erred in approving "the defendant's [unilateral] reduction of the support payment, as each of the two oldest children became emancipated" because there was no language in the order stating that the support order is to be equally divisible and automatically reduced as each child [becomes] emancipated"

    When, as part of a divorce decree, a parent is ordered to pay a specified amount periodically for the benefit of more than one child, the emancipation of one child does not automatically affect the liability of the parent for the full amount. Jerry v. Jerry, 235 Ark. 589, 592, 361 S.W.2d 92; Taylor v. Taylor, 147 Colo. 140, 145, 362 P.2d 1027; Schrader v. Schrader, 148 Neb. 162, 168, 26 N.W.2d 617; Cosgriff v. Cosgriff, 126 N.W.2d 131, 134 (N.D.); Cooper v. Matheny, 220 Or. 390, 392, 393, 349 P.2d 812; Beaird v. Beaird, 380 S.W.2d 730, 732, (Tex.Civ.App.). The proper remedy, if the full amount is deemed excessive, is to seek a modification of the decree.

  8. Cosgriff v. Cosgriff

    126 N.W.2d 131 (N.D. 1964)   Cited 12 times
    In Cosgriff, the husband had taken it upon himself to reduce his support payments by one-fourth when one of the four children attained majority.

    But, where the provision for support is for a lump sum, we believe the better rule is that which is applied by those courts which require such sum to be paid, in the absence of modification, until the youngest child attains majority. Cooper v. Matheny, 220 Or. 390, 349 P.2d 812; Anderson v. Anderson, 129 Cal.App.2d 403, 276 P.2d 862; Application of Miller, 139 Neb. 242, 297 N.W. 91. In the Miller case, the court said:

  9. Gilmore v. Gilmore

    257 S.E.2d 116 (N.C. Ct. App. 1979)   Cited 13 times
    In Gilmore v. Gilmore, 42 N.C. App. 560, 257 S.E.2d 116 (1979), it was held that the changed circumstances with which the courts are concerned are those which relate to child-oriented expenses.

    The presumption, if any is appropriate at all, would be to the contrary in light of the fixed and indivisible costs of providing a home, and the varying requirements of the children. Compare Friedman v. Friedman, 521 S.W.2d 111 (Tex.Civ.App. 1975); Cosgrief v. Cosgrief, 126 N.W.2d 131 (N.D. 1964); Cooper v. Matheny, 220 Or. 390, 349 P.2d 812 (1960). We are not inadvertent to the statutory mandate that the court, when exercising its discretionary power to determine the appropriate amount of child support, shall consider the relative ability of the parties to provide support for dependent children.

  10. Doty v. Doty

    45 Ill. App. 3d 213 (Ill. App. Ct. 1977)   Cited 10 times

    However, the overwhelming weight of authority is otherwise. Taylor v. Taylor (1961), 147 Colo. 140, 362 P.2d 1027; Delevett v. Delevett (1968), 156 Conn. 1, 238 A.2d 402; In re Application of Miller (1941), 139 Neb. 242, 297 N.W. 91; Cooper v. Matheny (1960), 220 Ore. 390, 349 P.2d 812. • 2 Appellant also argues that plaintiff-appellee's claim is barred by laches.