Goulart v. Goulart

Appellant, the widow of decedent and executrix of his estate, appeals from an order granting family allowance to his two minor children by a prior marriage, and purports to appeal from the order denying rehearing.

Question Presented

Where a divorce decree provides for child support payments, is a creditor’s claim in the father’s estate the exclusive method of obtaining support for said children ?

Facts

Ethel Ann Goulart, who as guardian ad litem of the two minor children of said decedent, filed this proceeding, is the divorced wife of decedent. By final decree of divorce, dated October 22, 1953, as modified February 18, 1954, she was awarded custody of the three (at that time) minor children of the parties and decedent was ordered to pay $20 per week support for each child, to continue until the further order of the court. John Goulart died August 26, 1961. March 13, 1962, she, as guardian ad litem of the two minor children, petitioned the probate court for family allowance for them. She asked for $150 per month for the minor son and $90 per month for the minor daughter. Edith Goulart, widow of decedent and executrix of his estate, opposed the petition by an affidavit setting…