PARENT AND CHILD - EFFECT OF ADOPTION ON DUTY OF: PARENT TO SUPPORT CHILD

The defendant, father of the child whose support was in question, was-divorced by the plaintiff, mother of the child, in 1927. At that time, with the consent of both parties, the maternal grandparents adopted the child. In 1931 the grandfather died insolvent, and in 1933 the grandmother remarried and left the state. In 1934 the plaintiff adopted the child, and brought suit against the defendant for its support.

The court entered an order requiring him to pay ten dollars per week for that purpose. After compliance for several months the defendant stopped payment, and in contempt proceedings protested the validity of the original order. He was adjudged guilty of contempt and committed to jail. On appeal it was held that the adoption of the child had not relieved the defendant of the duty to support it, and hence the lower court had properly ordered him to make the payments.

Dwyer v. Dwyer, 366 Ill. 630, 10 N. E. (2d) 344 (1937).