Howard v. Howard
| Decision Date | 02 October 1974 |
| Citation | 301 So.2d 191,53 Ala.App. 426 |
| Parties | Percy J. HOWARD v. Mary Jane HOWARD. Civ. 389. |
| Court | Alabama Court of Civil Appeals |
Chason, Stone, Chason & Partin, Bay Minette, for appellant.
William D. Melton, Evergreen, for appellee.
This is an appeal from a decree of modification of support payments for minor children.
Appellant-husband and appellee-wife were divorced by decree dated March 9, 1972. An agreement between and parties providing for $500 per month child support for their three minor children was incorporated into the decree of divorce.
In February of 1974, the appellee filed a petition for modification of the original decree as to child support. She averred change in circumstances since the original decree. Such alleged change of circumstances was the need of the children to attend a private school, together with increase in cost of living due to inflation.
After oral hearing, a decree was entered increasing child support from $500 to $700 per month.
Appellant's able counsel's only assignment of error is to the effect that the trial court abused its discretion by increasing the child support payments in that there was no proof of a material change of circumstances.
The record reveals that the minor children are 10, 9 and 3 years of age; further, that the school age children were, at the time of the original decree and at the time of the hearing from which this appeal arises, enrolled in public school; that the two school age children are exceptionally bright children; that the father is a surgeon making in excess of $43,000 per year, some $800 more per year than when the divorce was granted; that both parties have remarried since their divorce. Furthermore, approximately two years have passed since the original decree was entered awarding the aforesaid amount of child support.
Appellee testified as to the needs of the children. She stated she was unable to support them on $500 per month and that the children's needs at this time exceed $450 per month plus approximately $2,500 per year private educational expenses. Put another way, their combined needs are approximately $8,000 per year. The trial court awarded $8,400 per year.
Additionally, appellee testified that both of the two older children were exceptional students. The oldest had been selected upon recommendation of the Mobile County Public School to attend, one day a week, a special school for academically talented children. This child was one of only nine in her public school to be so chosen. Appellee also stated she felt the children would have a batter challenge in a private school. In response as to why she felt the best interest of the children would be served by attending a private school, she said:
'I feel that they will have more individual attention and that they can proceed at their own speed; I feel that there will be a broader range for them, which will enable them to maybe even slow them down a little, but these children are aggressive in school and I feel like it would be vital to their well being for them to participate in private school programs, extra music and art programs.'
It is also to be noted that appellant, after the original divorce decree, voluntarily gave appellee $100 additional per month for the children's use. This was done for approximately four months, until terminated upon advice of c...
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...of living since the initial award of periodic alimony in 1990 had contributed to her increased need. In Howard v. Howard, 53 Ala. App. 426, 428, 301 So. 2d 191, 193 (Civ. App. 1974), and Jones v. Jones, 53 Ala. App. 309, 311, 299 So. 2d 751, 753 (Civ. App. 1974), this court approved increas......
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...been in support of an Increase in child support payments. Hopper v. Hopper, 54 Ala.App. 144, 306 So.2d 13 (1974); Howard v. Howard, 53 Ala.App. 426, 301 So.2d 191 (1974); Jones, supra. In the instant case the father attempts to justify a decrease in child support payments because of the eff......
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...sufficient to constitute a material change in circumstances as to permit an increase in the amount of child support. Howard v. Howard, 53 Ala.App. 426, 301 So.2d 191 (1974); Jones v. Jones, 53 Ala.App. 309, 299 So.2d 751 (1974). Thus, we cannot say that the award is so unsupported by the ev......
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