Blanton v. Blanton
| Decision Date | 25 July 1944 |
| Citation | 154 Fla. 750,18 So.2d 902 |
| Parties | BLANTON v. BLANTON. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Orange County; Frank A Smith, judge.
George P Garrett, of Orlando, for appellant.
Clark W Jennings, of Orlando, for appellee.
This appeal was taken from an order and judgment made upon an application for modification of the provisions of a settlement agreement and a final decree of divorce approving and confirming the terms and conditions of such settlement agreement, which was attached to the wife's bill of complaint and specifically referred to therein. Pursuant to one of the provisions of such agreement, the court, in the divorce decree, rendered June 10, 1942, ordered the defendant husband to pay for a certain period to the plaintiff wife $15 per week, or about $67 per month, for the support of their minor child, and also ordered the defendant to comply with each of the terms and conditions of the settlement agreement. It appears that defendant, appellant here, was then making $225 per month. Under said settlement agreement, the defendant was to convey the home to plaintiff subject to certain liens thereon and to pay all installments due or to become due on certain household furnishings and electrical equipment.
On July 26, 1943 the defendant, who had remarried shortly after the divorce filed an application for modification of the terms of the settlement agreement and final decree, in which he admitted that after a few months he was not able to keep up the full amount of the payments required, and that on December 15, 1942, applicant was inducted into the armed forces of the United States and was, when this application was filed, a corporal and located at Camp Perry, Ohio, and earning $66 per month. On June 1, 1943, he was made a 'buck' sergeant at $78 per month, and shortly thereafter, on July 21, 1943, he became a staff sergeant with 'base' compensation of $96 per month, and was receiving this compensation at the time the application came on to be heard before the Court. The application states that under the allotment provisions of the Acts of Congress, his ex-wife is not entitled to any contribution from his soldier's pay; that his minor child is a Class A dependent and entitled to a contribution of $12 per month, and that applicant's present wife received $22 per month from his pay and is entitled to an allotment by the government of $28 per month--a total of $50 per month. That applicant is unable to pay to his former wife, or to the child, any sum of money monthly, or otherwise, and is no longer able to abide by the terms of the settlement agreement and final decree, and prays that same be modified by decreasing the amounts payable thereunder to $12 per month for the support of his child, which would conform to the government allowance for said purpose, or to his present financial ability to pay.
The plaintiff wife filed an answer to this application, and a counter application asking the Court to render judgment for the past due and accrued installments due her under the final decree for the support of the child and for certain other items.
While she admitted that her former husband had conveyed the home to her, she was unable to keep up the payments on same and had to sell it, subject to the liens, for $1000 payable $200 per year for five years. She also claimed that her husband had not kept up the payment of the installments falling due on certain household and electrical equipment, as he had agreed to do.
Testimony was taken, including the deposition of the defendant husband. It also appears that on October 26, 1943, the Government increased its allotment, so that the child was receiving $30 per month when the court rendered its order.
On December 7, 1943, the court rendered the order and judgment here appealed from. The court found that plaintiff, appellee here, was entitled to recover for all unpaid payments of $15 per week for the support of the child from November 28, 1942, and interest thereon at 6 per cent, and the sum of $83.40 paid by her under a contract which the final decree obligated the defendant to pay, and accordingly rendered judgment for plaintiff for the principal sum of $863.40 and interest in the sum of $25.90, and the costs of the proceeding. The Court also decreed that the provision of the final decree requiring defendant to pay plaintiff $15 per week for the support of the child be modified to require such payments to be made thereafter at the rate of $12 per week until the further order of the Court; this reduction being made because defendant was in the military service and his earning power reduced.
Appellant contends that the chancellor erred in reducing the weekly payments for the support of the child...
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Kephart v. Kephart
...back to the date the petition for modification was filed); Greer v. Greer, 1942, 110 Colo. 92, 130 P.2d 1050; Blanton v. Blanton, 1944, 154 Fla. 750, 18 So.2d 902; Igney v. Igney, 1940, 303 Ill.App. 563, 25 N.E. 2d 608; Davis v. Davis, 1937, 145 Kan. 282, 65 P.2d 562; Whitby v. Whitby, 1948......
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Scholla v. Scholla, 11267
...in the present case, her Florida maintenance decree cannot, it seems, be modified retroactively by a Florida court. Blanton v. Blanton, 1944, 154 Fla. 750, 18 So.2d 902. 5 1952, 90 U.S.App.D.C. 305, 196 F.2d 25; Note, 66 Harv.L.Rev. 356 6 Indeed, some courts seem to regard change of circums......
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