Blue v. Blue, 32686

• Citation: 152 Neb. 82,40 N.W.2d 268
• Decision Date: 22 December 1949
• Docket Number: No. 32686,32686
• Parties: BLUE v. BLUE.
• Court: Nebraska Supreme Court

Page 268

40 N.W.2d 268

152 Neb. 82

BLUE v. BLUE.

No. 32686.

Supreme Court of Nebraska.

Dec. 22, 1949.

Syllabus by the Court

After decree of divorce wherein provision is made for the support and maintenance of minor children, it is proper for the court on a showing agreeable to the provisions of section 42-312, R.S.1943, of changed conditions to change or alter the decree to conform to the changed conditions.

Robert S. Finn, Tecumseh, for appellant.

Raymond B. Morrissey, Tecumseh, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

YEAGER, Justice.

This cause comes here on appeal by Ralph E. Blue from a decree of the district court denying a petition for modification of that portion of a decree of divorce for support of Marilyn June Blue, the minor child of said Ralph E. Blue and Wilma Eileen Blue, and a cross-appeal from the same decree which also denied a cross-petition for modification made by said Wilma Eileen Blue.

In the original action Wilma Eileen Blue was plaintiff and Ralph E. Blue was defendant. For convenience they will be thus referred to herein.

In the original action, on September 2, 1946, plaintiff was granted a decree of divorce from the defendant. She was awarded no alimony. She was however awarded $25 a month commencing September 1, 1946, for the support and maintenance of the child. The award was made by approval of a stipulation entered into by the parties containing that provision. The stipulation made provision for reduction of the monthly payment for one month of each year to $12.50 when it was provided that defendant should have custody of the child. He never however had custody and never reduced his payments at any time below $25 a month. The child was at the time of the decree 16 years of age and was attending high school at Tecumseh, Nebraska. The defendant made all payments required by the terms of the stipulation and decree up to and including the one due and payable on May 1, 1949.

The petition for modification was filed February 10, 1949, and its prayer was for relief against further payments on account of changed conditions. The alleged changed conditions were that the child was employed and self-supporting as was also the plaintiff, and that the relative situations of the parties were such that further payments by him were not justified.

By the cross-petition plaintiff sought to have the monthly amounts increased to $100 a month. By her cross-petition she declared that the daughter's present earnings were insufficient with which to provide for support, clothing, glasses, dental expenses, and education. She declared that the child was seeking to raise funds in order to secure two years in a university so that she might qualify as an air-line hostess and that this would require $100 a month.

A trial was had and on May 9, 1949, the petition and cross-petition were denied. Both parties filed motions for new trial which were overruled.

The record discloses that at the time of trial the income of defendant was $95 the first and fifteenth of each month which after deductions left him $84.05 the first and fifteenth or $168.10 a month. His gross income was the same at the time of divorce but on account of deductions the net was higher. He has no other income and no property or money except an automobile.

The daughter graduated from high school in May 1948. Before graduation she worked part time for some period. Just how long is not shown. Her maximum earnings during the time she worked were $25 a month. After graduation and during the same month she came to Lincoln, Nebraska, where she obtained employment which was continuous up to the time of the trial. She started work at a salary of $110 a month. She had a raise of $5 a month in August 1948 and at Christmas time of 1948 she received another raise of $5 a month which brought her salary up to $120 a month. This was the salary she was receiving at the time of trial.

In a very short time after the daughter came to Lincoln the plaintiff came also and the two have an apartment...