390 So. 2d 636 | Ala. Civ. App. | 1980
This is a divorce case. The husband appeals. We affirm.
The parties were married for about five years. One child was born of the marriage and the husband adopted a child of the wife by a previous marriage.
The wife is thirty-one years of age. She is a college graduate and is employed as an instructor at a state technical school. She earns about $15,000 annually.
The husband is blind in one eye and has undergone four operations on his back in recent years. He was determined to be totally disabled for Social Security purposes in 1978. He is of limited employment skills and has earned no substantial income for more than three years. His parents have made substantial contributions to the family during that time. Social Security in the amount of $374 per month is being received by the husband. He has lived with his parents since separation from his wife. The children receive $100 each per month from the father's Social Security.
The parties owned a home with a substantial mortgage, an automobile with mortgage and household furniture. The parents of the husband had provided $2,100 of the down payment for the home. There are substantial debts. The husband was an insured under the wife's Blue Cross Group Insurance plan. A divorce would remove him from benefits. However, he had the right to convert to other but lesser coverage under individual coverage but at his own expense.
After oral hearing the court granted a divorce, gave custody of the children to the mother, gave her the home and automobile but required her to make both mortgage payments and to pay other indebtedness including repaying the husband's parents $2,100. No alimony or attorney's fee was granted to the husband as he requested, though further consideration of alimony was specifically reserved to the court. The costs were assessed one-half to each party.
We have answered husband's contention previously in Haynes v.Haynes,
In any event, the court at the conclusion asked if counsel wished that testimony excluded from the record, counsel made no such request but stated "leave it as it is." In such circumstances, he may not now charge error. We also apply Rule 45, ARAP.
Our consideration of the evidence heard by the trial court does not convince us that a failure to award the husband alimony at this time is clearly and evidently wrong. It is true as argued that the income of the wife is over $15,000 annually and is augmented by monthly Social Security benefits for the two children in the amount of $100 each, while the total income of the husband is $374 per month. The evidence was not in conflict that the expenses of the wife are in excess of her net income. Such expenses include house and car payments of more than $300 per month, and monthly payments in debts, utilities, insurance, day care for the children, medical and drug bills, auto expenses, groceries, etc. It is equally true that the husband has debts, medical and drug expenses etc. However, he lives with his parents who have aided him in the past.
It may be that the husband will need assistance if further surgery is necessary or other misfortune occurs. It then may be that the wife will have better means with which to assist. It may be assumed that is the reason why the learned and compassionate trial judge held such further consideration open by his judgment. Under such circumstances we do not take the liberty of supplanting his judgment. We find no abuse of discretion. The judgment is in all things affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.