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159 Fla. 100

31 So.2d 162

Fowler v. Fowler

Supreme Court of Florida

Decided June 17, 1947

Supreme Court of Florida · decided 1947-06-17

Cited by 5 later decisions — most recently February 1954

5 state decisions

Key passage — most relied on by later courts

“We have authority, under Fla. Stat. 1941, Sec. 65.15, F.S.A., to modify alimony allowances, whether based on stipulation and decree or upon decree that rests solely on testimony.”

quoted by 1 later decision, including 38 So. 2d 465 - Cohn v. Mann

Relies on Vance v. Vance · Jordan v. Jordan

Good law ✅— No negative treatment on recordhow we know

Decided 1947-06-17

View the full empirical analysis of this case →

WILLIAMS, Associate Justice:

¶1 By stipulation dated April 22, 1946, and adopted by final decree, the petitioner agreed not to pay less than $100.00 for support of his wife and child. By petition claiming reduced circumstances, he petitioned the lower court to reduce his alimony to less than $100.00 per month. The lower court refused. It appears that petitioner makes about $140.00 a month. Neither, according to the record, has other resources. We have authority, under Fla. Stat. 1941, Sec. 65.15, F.S.A., to modify alimony allowances, whether based on stipulation and decree or upon decree that rests solely on testimony. See Slade v. Slade, 153 Fla. 125, 13 So. (2) 917; Vance v. Vance, 143 Fla. 513, 197 So. 128.

¶2 $75.00 a month allowance to respondent is reasonable under the circumstances reflected in the case. Certiorari is granted. The order refusing to modify the final decree, which *101 order is dated March 22,1947, is quashed, and the lower court is directed to modify the final decree as of March 1, 1947, reducing the amount of alimony petitioner is to pay respondent from $100.00 a month to $75.00 a month, payable to respond^ent the 1st and 15th of each month, until the further order of the court; the lower court to retain jurisdiction to increase or decrease said alimony after reasonable notice and hearing, as the proven circumstances may warrant.

TERRELL, Acting Chief Justice, BUFORD, and CHAPMAN, JJ., concur.
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