Judges: CHAPMAN, J.
Attorneys: D.C. McMullen, for Appellant;
Whitaker Brothers, for Appellee.
Filed: Feb. 16, 1938
Latest Update: Mar. 02, 2020
Summary: On appeal to this Court it has been made to appear that on January 20, 1928, the Circuit Court of Hillsborough County, Florida, entered a decree of divorce in behalf of Sarah E. Kennard against Philip F. Kennard, and the said final decree awarded the custody of their two minor children to the plaintiff and required the defendant to pay to the plaintiff $125.00 per month for support and maintenance of the children. On April 13, 1931, defendant below, appellant here, by petition asked for a modifi
Summary: On appeal to this Court it has been made to appear that on January 20, 1928, the Circuit Court of Hillsborough County, Florida, entered a decree of divorce in behalf of Sarah E. Kennard against Philip F. Kennard, and the said final decree awarded the custody of their two minor children to the plaintiff and required the defendant to pay to the plaintiff $125.00 per month for support and maintenance of the children. On April 13, 1931, defendant below, appellant here, by petition asked for a modific..
More
The decree of Jan. 20, 1928, did not award "alimony," but required $125.00 per month to be paid to the plaintiff wife for the support of the children. I am inclined to think an order of that sort may be modified later, as changing circumstances may require, under Sec. 4993 C.G.L. and Chapter 16780, Acts of 1935, even though the original decree did not provide for retention of jurisdiction for that purpose. Appellant also contends that where the husband shows that he has done the best he could, and could not avoid getting in arrears, the court has the discretion to relieve him of liability on such accumulated arrears provided he promptly pays the current
and future modified installments. I do not think this contention well founded. See 19 C.J. 359. That would be to deprive the children of rights theretofore vested. Here the chancellor merely determined the amount, but did not order execution to issue.
