LILBURN R. RAILEY, JR., APPELLANT,
v.
RUTH S. RAILEY, APPELLEE

Fla. 3d DCA | 1964-03-03
No. 63-734
Before CARROLL, HORTON and TILLMAN PEARSON, JJ.
161 So. 2d 250 Florida District Court of Appeal, Third District (1964)

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Synopsis

The appellate court affirmed a lower court's decision to reduce alimony payments, finding no abuse of discretion by the trial judge.


Holding

No, the trial judge did not abuse his discretion in reducing alimony payments rather than eliminating them entirely.


Key Quotes

“This is an appeal from an order reducing alimony payments from $150.00 per month, as set in the final decree, to $87.50 per month.”

Describes the subject of the appeal.

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Facts & Procedural History

The former husband (appellant) petitioned to reduce alimony payments from $150 to $87.50 per month. He cited a reduction in his income and an increase…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order reducing alimony payments from $150.00 per month, as set in the final decree, to $87.50 per month. The reduction was upon the petition of the appellant. The basis of the change was a reduction of the former husband’s income and an increase in the former wife’s income occasioned by employment which she testified was necessary in order to supplement the alimony and child support payments provided in the final decree. The former husband, as appellant, urges on this appeal that the court erred in failing to eliminate all alimony.

We cannot agree that this record demonstrates that the trial judge abused the broad discretion the law requires that he exercise upon such an application. Cf. Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902; Mann v. Mann, Fla.App.1962, 145 So. 2d .886.

Affirmed.


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