Boyle v. Boyle
| Decision Date | 12 May 1964 |
| Docket Number | No. 64-178,64-178 |
| Citation | 164 So.2d 566 |
| Parties | Frederick Edward Michael BOYLE, Appellant, v. Gloria Joanne Connan BOYLE, now Gloria Joanne Blatt, Appellee. |
| Court | Florida District Court of Appeals |
Joe N. Unger, Miami, for appellant.
Knuck & Anderson, Hialeah, for appellee.
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
This is an interlocutory appeal by a former husband from a post decretal order denying his motion for reduction of child support. The parties were divorced in Dade County in January of 1962. The divorce decree awarded the wife $15 a week alimony and $35 a week for child support.
The wife married again on November 11, 1962. Shortly thereafter, on December 5, 1962, she filed a motion for increase of child support alleging, as a ground therefor, 'That there has been an increase in the cost and expenses for the maintenance of the minor child of the parties, to wit: Gregory Arthur Boyle.' Following a hearing at which the testimony was not reported the court entered an order increasing the child support to $250 per month.
The order increasing the child support made no findings and gave no reasons. If, as that order implies, the chancellor found the circumstances of the mother had changed between the decree of January 1962 and the time of her petition in December, it is reasonable to assume the change in her monetary needs for the child occurred during the eleven months before she remarried, rather than that they could have occurred during the first few weeks of her remarriage. This is so because her testimony on the later motion disclosed that her new husband furnished a four-bedroom home on which he pays all the expenses, making it unnecessary for her to use or maintain her former residence which was deeded over to her by the appellant and which presumably she had disposed of or was free to dispose of to her benefit.
Eight months later, in August of 1963, the ex-husband filed his petition for modification seeking reduction of the child support. He alleged the history of the matter and the remarriage of the wife in November of 1962 and, as grounds for the reduction, alleged: 'That, upon remarriage of the plaintiff on November 11th, 1962, as aforesaid, her financial needs and requirements for the support and maintenance of said minor child were materially reduced, with the result that, plaintiff no longer requires the sum of Two Hundred Fifty ($250.00) Dollars to be paid to her each month for the support and maintenance of said minor child.' After hearing thereon the chancellor ruled that the wife's remarriage had terminated the alimony, but denied the exhusband's petition for reduction of child support. This appeal followed.
Appellant argues that the record disclosed a change of circumstance which called for reduction of the child support, and that the refusal of the court to grant his motion was an abuse of discretion. We agree with that contention of the appellant, and reverse.
The financial status of the former husband is shown in the record by an affidavit. He is a veteran of World War II with a service connected disability. The extent thereof and compensation for it, if any, was not shown. He is unemployed, but has an income of approximately $400 per month from a trust. He has his own expenses to pay, plus $50 a month for support of children of an earlier marriage, and as of the time of the affidavit, which was July 1963, was $2,000 in debt. The former scale of living furnished by him was that which could be...
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D. R.-T. v. O. M.
...modification of the decree. Platt v. Platt, Fla.App.1958, 103 So.2d 253; Durden v. Durden, Fla.App.1962, 137 So.2d 29; Boyle v. Boyle, Fla.App.1964, 164 So.2d 566; 89 A.L.R.2d 7. In the case sub judice, if and when the child becomes enrolled in a college or university O. M. will be privileg......
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Sirkin v. Sirkin, 66-909
...they were at the time the property settlement agreement was executed is of considerable consequence. This court in Boyle v. Boyle (Fla.App.3rd Dist., 1964) 164 So.2d 566, 568, 'If and when additional support may be needed for the child, as it advances in age, those circumstances may be the ......
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Zilbert v. Zilbert, 73--231
...is not in keeping with the present ability of the father to pay. See Traylor v. Traylor, Fla.App.1968, 214 So.2d 15; Boyle v. Boyle, Fla.App.1964, 164 So.2d 566. We are doubtful too that it is realistic in terms of the amount needed for the support of a child of less than two years. We thin......
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Kowel v. Kowel, 70--486
...to levying upon them the anticipated judgment for arrearages in child support. Appellant had a right to the judgment. Boyle v. Boyle, Fla.App.1964, 164 So.2d 566. But the use of the extraordinary powers of a court of equity to enforce the payment of support arrearages is a matter within the......