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Helvering Vs. Fitch
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- US Supreme Court
- Jan 29, 1940
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U.S. 149 (1940) U.S. Supreme Court Helvering v. FitchSearch
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U.S. 149 (1940) Helvering v. FitchSearch
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paid in discharge of the general obligation of the husband to support, which is made specific by the decree. Douglas v. WillcutsSearch
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U.S. 535, because of the asserted failure of that court correctly to apply the principle involved in Douglas v. WillcutsSearch
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in a lump sum or a property settlement is ratified by the decree, the court retains no power to modify. Spain v. SpainSearch
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Iowa, 249, 158 N.W. 529, and McCoy v. McCoySearch
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are not in point, since those divorce decrees, unlike the instant one, made no provision for alimony. In Spain v. SpainSearch
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Likewise, Barish v. BarishSearch
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To be sure, there is the following strong statement in Kraft v. KraftSearch
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And in Carr v. CarrSearch
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have a guardian of the property appointed. However that may be, much of the weight which respondent accords Kraft v. KraftSearch
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and Carr v. CarrSearch
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supra, seems to have been dissipated by McNary v. McNarySearch
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court to modify alimony awarded in a lump sum or a property settlement ratified by a divorce decree. To be sure, Kraft v. KraftSearch
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largely, on the lack of power to do so, but on other circumstances. Furthermore, the uncertainty created by McNary v. McNarySearch
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Page 309 U. S. 156 of income out of this kind of alimony trust, on the other. Even on the authority of Kraft v. KraftSearch
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the husband was directed to make specified payments to the divorced wife. And we see no reason why the rule of Douglas v. WillcutsSearch
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has not sustained the burden of establishing that his case falls outside the general rule expressed in Douglas v. WillcutsSearch
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See Corl v. CorlSearch
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Junger v. JungerSearch
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Boquette v. BoquetteSearch
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Toney v. ToneySearch
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Morrison v. MorrisonSearch
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Spain v. SpainSearch
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McCoy v. McCoySearch
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Handsaker v. HandsakerSearch
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Duvall v. DuvallSearch
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Doekson v. DoeksonSearch
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Cf. Shaw v. ShawSearch
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U.S. Supreme Court Helvering v. FitchSearch
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and McCoy v. McCoySearch
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In Spain v. SpainSearch
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Kraft v. KraftSearch
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Carr v. CarrSearch
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McNary v. McNarySearch
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of Kraft v. KraftSearch
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of Douglas v. WillcutsSearch
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