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EDIGER v. EDIGER

No. 45,859

206 Kan. 447 (1971)

479 P.2d 823

WILBUR EDIGER, Appellee, v. PHYLLIS R. EDIGER, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

H. Dean Cotton, of McPherson, argued the cause, and Archie T. MacDonald, of McPherson, was with him on the brief for appellant.

Evart Mills, of McPherson, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

May voluntary overpayments of child support be applied to the payment of unpaid and past due installments of alimony? We hold under the circumstances which attend, they may not, and reverse the judgment of the district court.

The parties will be referred to as they appeared in the district court.

The plaintiff and defendant were divorced on August 9, 1963, and the care and custody of their...

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