Childers v. Childers

On May 19, 1967, appellee Roberta L. Childers filed for divorce, division of property and custody of children, but did not ask for alimony. On the 12th of October 1967, the petition was amended to ask for separate maintenance. Separate maintenance was granted, property divided and custody of the children given to the appellee-wife. Appellant-husband was ordered to pay support for the children. No alimony was granted.

On the 17th day of April 1970, the appellee-wife filed a petition for divorce and alimony. The appellant-husband pleaded that alimony was res judicata in that appellee-wife could…