Hegwald v. Clarkson Construction Co.

Abbott, J.:

The issue in this case is whether the children of James E. Hegwald were “wholly dependent” on their father’s earnings (as required by K.S.A. 44-510b [Ensley]) at the time of his death. That question is one of fact. Richardson v. Robert Drummond Trucking, 204 Kan. 385, 390, 461 P.2d 754 (1969). Thus, the question before us is whether the trial court’s implied finding that the children were wholly dependent is substantially supported by the evidence.

The parents had been divorced for 18 months when the father died. He had been ordered to pay $200 per month child support, and had made…