Public-domain · open source
OpenJurist

637 So. 2d 1380

Bryant v. Bryant

Court of Civil Appeals of Alabama

Decided April 29, 1994

Court of Civil Appeals of Alabama · decided 1994-04-29

Cited by 1 later decisions — most recently February 1995

1 state decisions

Relies on 542 So. 2d 1244 - Lones v. Lones · 382 So. 2d 1139 - Hall v. Hall · 606 So. 2d 157 - Daugherty v. Daugherty

Good law ✅— No negative treatment on recordhow we know

Decided 1994-04-29

View the full empirical analysis of this case →

RICHARD L. HOLMES, Retired Appellate Judge.

¶1This is a divorce case.

¶2The husband appeals, contending that the trial court abused its discretion in its order of child support and division of marital property. We affirm.

¶3No useful purpose would be served in detailing the facts in this case. Suffice it to say, there was evidence before the court that the husband has the ability to earn more than his present income, which consists of his military retirement benefits.

¶4It is well settled that, in a case such as the present case, the trial court may consider the party’s ability to earn rather than the party’s actual income. Daugherty v. Daugherty, 606 So.2d 157 (Ala.Civ.App.1992); Lones v. Lones, 542 So.2d 1244 (Ala.Civ.App.1989); Hallmark v. Hallmark, 394 So.2d 44 (Ala.Civ.App.1981); Hall v. Hall, 382 So.2d 1139 (Ala.Civ.App.1980).

¶5In view of the above, the judgment is due to be affirmed.

¶6The wife’s request for attorney fees on appeal is granted in the amount of $460.

¶7The foregoing opinion was prepared by Retired Appellate Judge RICHARD L. HOLMES while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Code 1975, and this opinion is hereby adopted as that of the court.

¶8AFFIRMED.

All the Judges concur.
/637/so2d/1380 · .json · Public domain