404 So. 2d 696 | Ala. Civ. App. | 1981
This is a divorce case
Generally, only those portions of the divorce judgment and of the evidence which are relevant to the issues before us and which comport with the prevailing presumption governing appellate review shall be detailed or discussed herein
After conducting the ore tenus trial, the circuit court divorced the parties for incompatibility of temperament; granted to the wife the custody of the four youngest children, who were fifteen, fourteen, eleven and seven years of age; gave custody of the sixteen-year-old son to the husband; and ordered the husband to pay to the wife as child support the sum of $128 per week for the four children in her custody. Additionally, he was required to continue to maintain medical insurance coverage upon the minor children and to pay all doctor, hospital, dental and prescription drug expenses of the minor children not covered or paid by his insurance. The judgment vested the wife's interest in the home and in most of the furniture in the husband, who was made responsible for the home mortgage indebtedness. The husband was directed to pay to the wife $5,000 as a property settlement for her interest in the home and furniture which was awarded to him
The wife's present complaints are: (1) that the weekly child support payments are so inadequate as to constitute a palpable abuse of discretion; (2) that the award of the home to the husband was clearly unjust, or (3) that the $5,000 adjudication was so inadequate as to be plain error
An award of child support and division of the property lie within the sound judicial discretion of the trial court which hears the witnesses testify, and will not be disturbed upon appeal except for a palpable abuse of that discretion. Hall vHall,
The amount of the award of child support to be paid to the wife was a factual matter which called for the exercise of the trial court's discretion. No legal mathematical formula has been accepted which provides a yardstick whereby exact amounts to be paid for the support of children may be ascertained, for every case is different with many variables. The particular needs of individual children and the relative ability of a parent to fully, or partially, pay for, or otherwise meet, those needs are the two primary facets which are utilized by courts in ascertaining a reasonable award for the support of children. Edison v. Edison,
The parties acquired joint ownership in the home in 1973 at a cost of $13,500 and no improvements have been made to it since that time except for the installation of some carpeting. The mortgage against the home was through the Farmer's Home Administration for a 30-year period payable by monthly installments of $91. Her estimate was that the home is now worth from $25,000 to $30,000; however, the husband placed its value at $20,000. The evidence as to the amount then due upon the home mortgage varied from a low of $9,000 to a high of $12,000. The evaluation which the parties placed upon the furniture, which is old and which was used during the rearing of their children, fluctuated from $4,000 to $12,000. Their equity in the home could have been as low as $8,000, and one value placed upon all of the furniture was only $4,000, but the wife was awarded some of it. Accordingly, we cannot hold that the award to her of $5,000 for her interest constituted an abuse of discretion. To alter that amount on appeal would be an unauthorized substitution of our judgment for that of the trial court
The foregoing opinion was prepared by retired circuit judge Edward N. Scruggs while serving on active duty status as a judge of this court under the provisions of §
AFFIRMED
All the Judges concur