Opinion
Gen. No. 43,758. (Abstract of Decision.)
Opinion filed October 14, 1946 Rehearing denied October 28, 1946 Released for publication October 28, 1946
DIVORCE, § 193 — burden as upon defendant seeking modification of support payments to show change in circumstances. In action seeking modification of divorce decree with respect to amount to be paid by defendant for support and maintenance of minor child, burden was on defendant to show material change in circumstances to justify modification, and his right to modification was barred for reason that conditions shown upon hearing were same as they existed upon previous hearings in which defendant failed in his showing.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Affirmed in part; reversed in part and remanded with directions. Heard in the first division, first district, this court at the June term, 1946.
Irving Eisenman, for appellant;
Lipman Lochtan, for appellee;
Harry G. Fins, of counsel.
Not to be published in full. Opinion filed October 14, 1946; rehearing denied October 28, 1946; released for publication October 28, 1946.