Balland v. Balland

• Court: Maryland Supreme Court
• Writing for the Court: HENDERSON, Judge.
• Citation: Balland v. Balland, 185 Md. 132, 43 A.2d 207 (Md. 1945)
• Decision Date: 28 June 1945
• Docket Number: 56.
• Parties: BALLAND v. BALLAND.

43 A.2d 207

185 Md. 132

BALLAND v. BALLAND.

No. 56.

Court of Appeals of Maryland

June 28, 1945

Appeal from Circuit Court of Baltimore City; W. Conwell Smith, Chief Judge.

Petition by Eugene C. Balland against Mildred I. Balland for a reduction of alimony. From an order dismissing plaintiff's petition, plaintiff appeals.

Order affirmed.

Harry W. Allers and A. Frederick Taylor, both of Baltimore, for appellant.

E. Paul Mason, Jr., of Balitmore, for appellee.

Submitted to MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, MELVIN HENDERSON, and MARKELL, JJ.

HENDERSON Judge.

This appeal is from an order of the Circuit Court of Baltimore City filed December 14, 1944, dismissing the appellant's petition for a reduction of alimony fixed in a decree passed December 17, 1942. In that decree the appellee was granted a divorce a vinculo matrimonii; custody of the minor children was awarded to the appellee, and separate provision was made for their support.

The alimony provision of thirty-five dollars a week was 'by way of permanent alimony, during the joint lives of said Mildred J. Balland and Eugene C. Balland, or until the remarriage of said Mildred J. Balland.' No question is raised as to the amount of alimony fixed in the original decree; the theory of the petition, filed November 14, 1944 is that there has been a change of circumstances, in that the appellee is employed and earning sufficient money for her present needs. Mrs. Balland testified that there was an oral agreement between counsel as to the amount of alimony fixed by the original decree.

The testimony shows that Mrs. Balland resides at 3807 Sequoia Avenue, which was transferred into her name at the time the divorce was granted, subject to a mortgage of $4300. This mortgage has been reduced to $3300 by monthly payments made by the appellee. Mrs. Balland was employed at the time of the divorce, at a salary of $1260 a year; her salary is now $1500 a year. Her son, Lieutenant Jerry Crawford, a naval aviator sent her a monthly allotment of $150 while overseas, which has now been stopped. The testimony is uncontradicted that this was not a dependency allotment but an allotment from his pay which he sent her for safekeeping and not as a gift. She did not use any of this money. A second son, Bruce Allen Balland, also in the service overseas, sends her an allotment of $65 a month, which she has deposited in a savings account in her own name. The testimony is uncontradicted that this was not a dependency allotment and that there have been no withdrawals. Mrs. Balland testified: 'He sends an allotment for savings so he will have some money when he returns home.' There is no testimony in the Record as to the financial status of the...