71 Pa. Super. 308 | Pa. Super. Ct. | 1919
Opinion by
After securing a' verdict, the libelant was granted a divorce from the respondent, upon the grounds of cruel and barbarous treatment, etc., by a decree of the court below, on December 24, 1909, and was ordered to pay alimony to the appellee, which without complaint or objection he made thereunder until January 1, 1917, when he presented a petition for a modification of the decree as to the amount of alimony to be paid. The decree made by the court is stated to have been “with the consent of the complainant to pay alimony to the respondent at the rate of $175 per month, monthly, commencing January 1, 1910, until the time when Edward B. Karmany, the son of the parties, arrives at the age of twenty-one years, and thereafter the complainant shall pay alimony to the respondent at the rate of $160 per month, monthly, for and during his, the complainant’s natural life.”
Whether alimony shall be granted is a matter of law. How 'much shall be granted is a matter of judicial discretion. The court may annul or suspend such a decree in a proper case, but it is left to its discretion by the very words of the statute. Where the wife has not a separate estate she must be subsisted, and the husband has no right to suspend the payment under such a decree without an order from the court. There are no fixed rules as to the amount to be allowed. It-is not to be measured solely by the wife’s necessities. The husband’s ability to pay, the separate estate of the wife, the character, situation and surroundings of the parties are all to be considered in determining a fair and just amount which the husband should pay to maintain the wife. The allowance of permanent alihaony is based on the
The decree entered in this case is affirmed for the reasons given by the court below, without prejudice to the libelant to present a further petition after there is a definite change in the financial condition of the wife.