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STATE v. BODILY

No. 14386.

552 P.2d 644 (1976)

STATE of Utah and Judy E. Bodily, Plaintiffs and Appellants, v. Joseph Evan BODILY, Defendant and Respondent.

Supreme Court of Utah.

July 15, 1976.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Stephen G. Schwendiman, Asst. Atty. Gen., Salt Lake City, Robert L. Newey, Weber County Atty., Ernest W. Jones, Asst. Weber County Atty., Ogden, for plaintiffs and appellants.

Michael Shepard and Linda A. Shepard, Salt Lake County Bar Legal Services, Salt Lake City, for defendant and respondent.

ELLETT, Justice:

The defendant was and is obligated by a divorce decree to pay support money to his ex-wife for the support of his minor children. He failed and refused to make any payments, and, as a result, the mother of the children applied for and received public assistance pursuant to Section 55-15a-17, U.C.A. 1953, Replacement Vol. 6A.

By furnishing the support to the children, the State of Utah, through the Department of Social Services, became trustee...

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