Schuch v. Schuch

• Decision Date: 02 December 1941
• Docket Number: No. 31.,31.
• Citation: 300 N.W. 875,299 Mich. 539
• Parties: SCHUCH v. SCHUCH.
• Court: Michigan Supreme Court

299 Mich. 539

300 N.W. 875

SCHUCH

v.SCHUCH.

No. 31.

Supreme Court of Michigan.

Dec. 2, 1941.

Petition by Inez M. Schuch against Charles Schuch to obtain an increase in alimony. From an order denying plaintiff's petition, plaintiff appeals.

Affirmed.

Appeal from Circuit Court, Jackson County, in Chancery; John Simpson, judge.

Argued before the Entire Bench.

Rosenburg, Painter, Kelly & Cristy, of Jackson, for appellant.

James J. Noon, of Jackson, for appellee.

STARR, Justice.

Plaintiff appeals from circuit court order denying her petition for increase of alimony.

After 20 years of marriage plaintiff, on her application, obtained decree of divorce from defendant on September 14, 1935, the decree providing for alimony as follows:

‘That the said defendant, Charles Schuch, pay to the clerk of this court the sum of $25 each week from the date hereof for the support and maintenance of plaintiff and the said minor child, said payments to continue for two years from the date hereof, provided the said minor child shall during that time attend te Junior College of the City of Jackson, Michigan. The question of the allowance of alimony for the support of plaintiff and the said minor child after the completion of the said college work of the said minor child, or in case the said child does not enter the said college or does not complete the course of study prescribed herein, being hereby reserved.’

On December 12, 1938, defendant filed petition for modification of the decree, alleging that his earnings had decreased from $250 to $198 per month and that the daughter of the parties had completed her college education. Plaintiff filed answer and cross petition, and upon hearing the decree was modified to provide in part as follows:

‘That defendant, commencing with the date hereof, pay to the clerk of this court for the use and benefit of plaintiff as permanent alimony the sum of $16 per week, until the further order of the court.’

On February 25, 1941, plaintiff filed petition to increase her alimony from $16 to $35 per week. Her petition alleged, in substance, that she was in poor health, was in debt, that her alimony allowance together with proceeds from the rooming house she conducted was not sufficient to meet expenses, and that defendant's earnings had increased. Defendant filed answer, and at the hearing both plaintiff and defendant were called as witnesses.

Plaintiff testified regarding her poor health, her inability to pay bills and expenses, the operation of her rooming house, and the irregularity of defendant in paying the weekly alimony. However, plaintiff admitted that defendant had paid the alimony allowance in full.

Defendant testified his earnings in 1940 averaged $281 per month; that he had remarried in 1939; that he had purchased a home, making a down payment of $1,000, which was raised by his present wife's obtaining a loan on her life insurance; that the monthly payment on the home is $55. Defendant further testified that, to hold his position as chemist and salesman with the Motor Sales Grease Company, he had been obliged to borrow over $5,000 from a bank and purchase stock in such company and that he is paying $75 a month on the loan.

At the conclusion of the hearing on plaintiff's petition the circuit judge stated in his opinion:

‘This matter has been before the court at various times in regard to the alimony matter. The defendant has paid the...