McKeever v. McKeever
McKeever v. McKeever
Opinion of the Court
This is an appeal from a denial of a petition to modify child support provisions of a divorce decree.
The parties were divorced by decree rendered on July 28, 1980. The final divorce decree incorporated an agreement executed by the parties, which awarded custody of the two minor children to the mother and provided that the father was to pay $800 a month as child support. The agreement further provided that the father was to pay all reasonable and necessary medical expenses of the children.
In January 1982 the father filed a petition to modify, alleging a material change in circumstances. The court entered an order which reduced his child support payments for nine months. At the end of the nine-month period the father was ordered to resume regular payments and reimburse the mother for the deficiency. The father complied fully with this order.
A second petition to modify was filed by the father in May 1985, after the mother informed him of her intentions of moving to Texas with the minor children. The petition sought custody of the children, or, in the alternative, modified visitation and a reduction in child support. After hearing the evidence, the court adjusted the father’s visitation rights to six weeks during the summer, one week at Christmas and four days each school spring holiday. The court further required the father to pay all transportation costs for the children’s visits. The order denied the father any relief regarding child support payments and medical expenses and awarded the mother attorney fees of $650. The father appeals from that judgment.
There are two issues presented on appeal: (1) whether the trial court’s failure to reduce child support payments was an abuse of discretion, and (2) whether the award of attorney fees to the mother constitutes an abuse of discretion.
The modification of child support is a matter within the sound discretion of "the trial court. Murphree v. Murphree, 366 So.2d 1132 (Ala.Civ.App. 1979). We will not reverse the decision of the trial court unless its decision is plainly and palpably wrong. Miller v. Miller, 437 So.2d 574 (Ala.Civ.App. 1983). There must be evidence before the trial court that a material change in circumstances as to the needs of the children and the means of the parents has occurred before child support can be modified. Sansom v. Sansom, 409 So.2d 430 (Ala.Civ.App. 1981).
An award of attorney fees in a child support modification case is within the sound discretion of the trial court. Young v. Young, 376 So.2d 737 (Ala.Civ.App. 1979). The record shows that a reasonable attorney fee in this case would be $750. The court awarded the mother $650. We find no abuse of discretion in such an award.
The mother also requests an award of attorney fees for this appeal. Her request is granted in the amount of $500.
The trial court’s order denying the petition to modify is affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.