Ackerly v. Ackerly, 73--1004
| Decision Date | 21 June 1974 |
| Docket Number | No. 73--1004,73--1004 |
| Citation | 296 So.2d 66 |
| Parties | James Westbrook ACKERLY, Appellant, v. Dee Glance ACKERLY, Appellee. |
| Court | Florida District Court of Appeals |
Robert J. Elkins, of Lee & McGill, Sarasota, for appellant.
C. Eugene Jones, of Ginsburg, Ross, Dent & Byrd, Sarasota, for appellee.
Appellant filed a petition to modify final judgment of divorce awarding child support and alimony on the ground that appellee, since the final judgment, has become employed and is capable of supporting herself. Appellant also contends that the children of the parties are now over 18 years of age, employed full time and are self-supporting.
The trial court ordered appellant to continue making child support payments for the 18 year old son for a period of nine months and to continue making the alimony payments. Appellant also contests the awarding of attorney fees to appellee's attorney.
As to the continuation of alimony payments, the trial court correctly considered all of the factors set forth in Scott v. Scott, Fla.App.2d 1973, 285 So.2d 423. Therefore, we cannot say that the lower court abused its discretion in denying the motion to modify the alimony.
As to child support, the testimony revealed that the 18 year old child, though employed, was terminating his employment to further his education. As was held in Field v. Field, Fla.App.2d 1974, 291 So.2d 654, the mere fact that the child has reached the age of majority of 18 is not retroactive and does not terminate the pre-existing rights of the child.
We have considered the question as to the granting of attorney fees and find appellant's contention to be without merit.
Affirmed.
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Finn v. Finn
...as provided in the judgment of divorce, to age 18. The court observed the prospective operation of Chapter 73--21. In Ackerly v. Ackerly, Fla.App., DCA(2nd), 296 So.2d 66, the same court held that an 18 year old, who, though employed but was terminating his employment to further his educati......
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Dalton v. Dalton, 74--282
...are in the chronological order of their appearances in the advance sheets: White v. White, Fla.App.1974, 296 So.2d 619; Ackerly v. Ackerly, Fla.App.1974, 296 So.2d 66; Daugherty v. Daugherty, Fla.App.1974, 293 So.2d 394; Finn v. Finn, Fla.App.1974, 294 So.2d 57; Field v. Field, Fla.App.1974......
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Rudnick v. Solomon, s. 74--1721
...Solomon, and reinstate same until he reaches the age of 21 years. See: Field v. Field, Fla.App.1974, 291 So.2d 654; Ackerly v. Ackerly, Fla.App.1974, 296 So.2d 66; Daugherty v. Daugherty, Fla.1975, 308 So.2d 24 (opinion filed January 22, 1975); Finn v. Finn, Fla.1975, 312 So.2d 726. We also......
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Nevins v. Nevins, 73--1382
... ... See Finn v. Finn, Fla.App.1974, 294 So.2d 57; Ackerly ... v. Ackerly, Fla.App.1974, 296 So.2d 66. However, we believe that $200 per month for child ... ...