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425 S.W.2d 745

Clark v. Clark

Court of Appeals of Kentucky (pre-1976) · decided 1968-03-01

Cited by 7 later decisions — most recently May 1979

7 state decisions

Relies on Hicks v. Hicks · Ralston v. Ralston · Life & Casualty Insurance Co. of Tennessee v. Young

Good law ✅— No negative treatment on recordhow we know

Decided 1968-03-01

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OSBORNE, Judge

¶1(dissenting).

¶2In Long v. Long, Ky., 416 S.W.2d 353, this court held:

“We have many times held alimony and the method .of its payment are matters within the sound discretion of the trial judge and if this discretion is not abused the award must be upheld. The rule was most recently set out in Ballard v. Ballard, Ky., 411 S.W.2d 330 as follows :
“ ‘The amount of alimony to be awarded and the method of payment are matters within the discretion of the Chancellor. Hicks v. Hicks, Ky., 290 S.W.2d 483; Boggs v. Boggs, Ky., 330 S.W.2d 118; Ralston v. Ralston, Ky., 396 S.W.2d 775. The exercise of such discretion will not be set aside unless it is shown to be clearly erroneous. Somerville v. Somerville, Ky., 339 S.W.2d 940; Peavy v. Peavy, Ky., 351 S.W.2d 869. An abuse of discretion has not been shown.’ ”

¶3This is the long-established rule in this jurisdiction. The facts here do not clearly show that the Chancellor abused his discretion. The court should decide on that basis alone and not on any arbitrary court-made rule, one-third or otherwise.

¶4Therefore, I respectfully dissent.

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