Roy v. Roy

WOOD (Fred B.), J.

December 30, 1941, a final decree of divorce was rendered awarding plaintiff Dorraine Roy the custody of the minor daughter of the parties and ordering

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defendant Ralph S. Roy to pay plaintiff $50 a month for the support. of the ■ daughter. Defendant voluntarily increased the amount to $60 a month, commencing June 1, 1948.

October 13, 1950, the trial court entered a minute order directing the defendant to pay $100 a month for the support of the daughter. October 19, 1950, the court made a written order modifying the final decree, as of October 13, to require defendant to pay $100 a month. Defendant has appealed, claiming (1) he is without financial ability to pay the increased amount, (2) an insufficient showing of need for the increased amount, and (3) the trial court committed reversible error in permitting to be withdrawn a certain exhibit which was later returned to the court and included in the record upon this appeal.

(1)

The evidence supports the implied finding that appellant is financially able to pay the increased amount.

Appellant is a dairy farmer. He owns 175 head of dairy cattle valued at $200 per head, and machinery and equipment valued at $22,500. He has the use of his father’s ranch rent free, save that he pays the taxes thereon, averaging approximately $1,400 a year. At the time of the hearing he had a total indebtedness of $22,000, consisting of a bank loan of $13,000 secured by a chattel mortgage upon the cattle, and a personal loan of $9,000. From a stipulation of the parties filed in this court June 25, 1951, it appears that his personal indebtedness now amounts to $29,100, the bank loan having increased to $14,100 and appellant having incurred an additional personal loan of $6,000 incident to effecting a property settlement with his second wife, from whom he is now divorced. There is no evidence in the record concerning the terms of these loans, such as the number of years within which they must respectively be paid or the amount, if any, which must be paid annually or by the month. Nor is there any evidence concerning the facility with which appellant might refinance any of these loans should the creditor effectively insist upon immediate liquidation. It is inferable that with the assets of the kind and value which he has, and a going business, appellant has the ability to pay these loans, or refinance them, as they fall due.