42 Iowa 111 | Iowa | 1875
The motion in this case was heard upon the affidavits of the respective parties, showing substantially the following facts: The affidavit of the defendant states that at the time of her marriage she was the owner of an eighty acre farm in Polk county, and a small amount of personal property. That she purchased said farm with her own earnings, and what she had been able to save of a pension received by her as the widow of a former husband. That at that time a considerable portion of the purchase money for the farm had not been paid. That since May 28,1872, she had been compelled to support herself and two children, one the child of a former husband, and the other the child mentioned in the petition;
Upon these facts we are not prepared to say that the order made by the Circuit Court, allowing to the defendant $20 per month for the support of herself and child, and $50 as an attorney’s fee for the defense of the action, was an abuse of the discretion necessarily possessed by the court, nor that it was, under the circumstances, unreasonable or improper. Under our Code “See. 2226, the court may order either party to pay the clerk a sum of money for the separate support and maintenance of the adverse party and the children, and to enable such party to prosecute or defend the action.” Also “ See. 2228. In making such orders the court or judge
Here it is shown that the plaintiff has property from which he is realizing an income; that the defendant is destitute of any ready means to defray the expenses of her living and of the action, and can only provide herself therewith by encumbering her property or otherwise embarrassing .herself with debt. She has almost wholly supported the child for the last three years, and still has upon her the burden of its support. While the parties are at issue respecting which is in the wrong, as to the cause of their separation, it is but reasonable and right that the plaintiff under the circumstances should contribute to the support of his wife and child, and aid her in defraying the expenses of a litigation which he has forced upon her
Affirmed