Leuba v. Leuba
Leuba v. Leuba
Opinion of the Court
Judge Jones wisely and properly examined both parties in open court in the presence of their respective counsel in regard
At the time the agreement and stipulation was entered into in open court, the husband was earning a base salary of $1,395 a month from his principal employer with $322 a month for overtime work. He was also earning $125 a month as an associate professor at the Johns Hopkins University. He also at that time was a recipient, on a regular basis for three years, of a grant from that University amounting to $358 a month, but the husband knew at the time of the hearing that this grant would shortly expire.
The suit was referred to the Master who, after hearing, recommended that a divorce a vinculo matrimonii be granted and that the stipulation and agreement be approved. This recommendation was followed by the lower court and by its decree of April 14, 1966, the agreement and stipulation made in open court was “approved in its entirety”. Thus, inter alia, in accordance with that agreement, the wife was given custody of Timothy and the payment of $300 for Timothy’s support and maintenance was decreed, with the agreed rights of visitation, all subject to the further order of the court.
After the decree had been enrolled, the husband married, but no issue has been born as a result of this last marriage.
The husband made the $300 payments pursuant to the agreement and the decree of April 14, 1966, until August, 1966, when he unilaterally and without any order of court, reduced the payments to $175 a month, which latter amount he continued to pay until the time of the hearing of the wife’s petition requiring the husband to show cause why he should not be cited for contempt for his failure to make the $300 payments in accordance with the decree. The wife also filed a petition for the issuance of a writ of ne exeat because of the husband’s threat to leave the State of Maryland to avoid the $300 a month payment. The husband later filed a petition seeking modification of the decree of April 14, 1966, requiring the $300 a month payment.
At the hearing before Judge Cullen the testimony indicated that the husband was earning a gross income of $1,520 a month. There was also evidence that the support of Timothy at the
It is clear to us that the Chancellor did not abuse his discretion in this matter and that his findings were not clearly erroneous.
We have held that in a situation involving the support of children, the Chancellor may revise the support allowances for the child notwithstanding the agreement of the parties in order to protect the welfare of the child. See Price v. Price, 232 Md. 379, 194 A. 2d 99 (1963). In the case at bar there is no question that the support payments are entirely adequate at this time for the support of the child and the wife does not urge or ask for any increase in the amount of agreed support. The only question presented to the Chancellor was whether or not the husband’s income had decreased “so that he is unable to make these payments,” as he had agreed in open court with full understanding and with his solicitor present. Notwithstanding the decrease in income of the husband by the loss of overtime payments, at the time of the hearing before Judge Cullen he had a gross income from his primary employer of $1,395 and in addition had $125 a month from Johns Hopkins University. There seems to be little question that the husband was still able to make the monthly payments of $300 for Timothy’s support as provided in the stipulation and agreement, and the trial court did not abuse its discretion in so holding. His determination on the facts was obviously not clearly erroneous. See Maryland Rule 886 a.
Decree affirmed, the appellant to pay the costs.
Reference
- Full Case Name
- LEUBA v. LEUBA
- Status
- Published