Harris v. Harris
Harris v. Harris
Opinion
This case involves modification of a divorce decree as it pertains to child support and periodic alimony.
The parties were divorced September 20, 1983. The divorce decree ordered inter alia that the husband pay periodic alimony to the wife of $225 monthly, and child support for the two minor children of the marriage in the amount of $400 monthly. In June 1988, the wife filed a motion to modify child support. She alleged a material change in circumstances due primarily to inflation and the increased ages of the two children, now ages 12 and 14, and requested an increase in child support payments. In his answer, the husband counterclaimed, asking to terminate periodic alimony payments, contending that the wife was now self-supporting. After receiving evidence ore tenus, the trial court denied the husband's motion regarding periodic alimony, and granted the wife's motion to the extent of an additional $100 per month per child. Husband appeals. Finding no basis requiring reversal, we affirm.
The dispositive issue on appeal is whether the trial court abused its discretion in refusing to terminate periodic alimony and in increasing child support.
At the outset, we note that the amount of periodic alimony and child support, along with subsequent modifications, are matters that rest soundly within the trial court's discretion, which will not be disturbed on appeal, absent an abuse of discretion that is so unsupported by the evidence as to be plainly and palpably wrong. See (regarding periodic alimony)Thomas v. Thomas,
The husband contends the holding in Allen v. Allen,
We have held that termination is not mandated even where a recipient of periodic alimony is determined to be self-supporting. Peterman v. Peterman,
Able counsel for the wife succinctly argues in her brief:
It is inconceivable that a wife and mother who comes to court essentially stating she cannot meet her obligations on the support she is receiving should be punished by having her alimony reduced for a net effect of leaving her with less money than what she had to begin with."
We find ample evidence in the record to support the trial court's determination to deny the husband's motion to terminate periodic alimony.
We now address the child support issue. We have held that among many factors considered in child support modification are ages of the children and inflation. Young v. Young,
The wife's request for attorney's fee for representation on this appeal is denied.
This case is due to be affirmed.
AFFIRMED.
INGRAM, J., concurs.
HOLMES, P.J., not sitting.
*Page 271
Reference
- Full Case Name
- Shannon C. Harris v. Janice K. Harris.
- Cited By
- 8 cases
- Status
- Published