Ediger v. Ediger

The opinion of the court was delivered by

Fatzer, J.:

May voluntary overpayments of child support be applied to the payment of unpaid and past due installments of alimony? We hold under the circumstances which attend, they may not, and reverse the judgment of the district court.

The parties will be referred to as they appeared in the district court.

The plaintiff and defendant were divorced on August 9, 1963, and the care and custody of their fifteen-year-old daughter, Rochelle, was awarded to the defendant. In awarding child support, the district court ordered,

“. . . that the plaintiff pay to…