Gaar v. Gaar
Gaar v. Gaar
Opinion of the Court
This is an action for an adjustment of awards of alimony for the wife and of support of a minor child theretofore granted by the trial court in a judgment of separation “a mensa et thoro.” Defendant appealed from a judgment awarding plaintiff, Mrs. Beverly Thomas Gaar, alimony in the sum of $230.00 per month and $100.00 per month, for the support of the minor.
The defendant assigns as error the failure of the trial court in fixing the awards to take into consideration the debts of the community of acquets and gains formerly existing between plaintiff and defendant which, of course, the husband is obligated to pay.
Plaintiff’s itemization of her expenditures and needs per month aggregated $609.59.
Mrs. Gaar, due to illness, was not working at the time of trial. Medical and hospital expenses shown on her exhibit were incurred for her benefit prior to the separation.
The awards to and for the benefit of the wife and child approximate one-third of the husband’s income. No consideration was given to the community debts in fixing either award, as the court concluded the community debts should be disposed of in a settlement of the community estate.
No necessity exists to justify in this opinion the need for or the validity of the claims based on each of the aforesaid items. It appears self-evident that the family income, a net of $864.88, is insufficient to meet the needs of all parties estimated to be $1,207.92. It is likewise self-evident that the parties must curb their desires, omit the nonessentials from their so-called lists of necessities, and live within their income. The trial court, it appears, did the best it could, with what it had before it, to do justice between the parties. We find no error in its conclusions.
The judgment appealed is accordingly affirmed at appellant’s costs.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.