Burton v. Burton

McWilliams, J., delivered the opinion of the Court. The trial judge, Powers, J., ordered appellant (Burton) to pay $900 per month to appellee (wife) as alimony and $700 per month for the maintenance and support of three minor children. This appeal reflects Burton’s dissatisfaction with the turn of events. We shall state only the facts relevant to the narrow question presented for our consideration.

The parties were married in 1948. They have four daughters, the oldest of whom is now married. Burton’s net worth of $400,-000 reflects his success in business. At the time of trial his annual income was in excess of $55,000.

Their home in Hyattsville had a value of about $75,000. Each one drove a Cadillac and the oldest daughter had the use of a less expensive automobile. The separation took place in June 1967. In February 1968 the wife filed her bill for a divorce a vinculo alleging adultery.

During the trial in the Circuit Court for Prince George’s County in April 1968 Burton expressed a willingness to pay $1,393 per month less the wife’s income from a part-time job ($160) which was rounded off at $1,250. Counsel for the wife suggested $1,400. The wife, however, refused to consent to any figure but she told the court she thought the award should be about $20,000 ($1,666.67 per month). Judge Powers gave as his reasons for the $1,600 award : “In deciding this case I am assuming an income to Mr. Burton of about $55,000 a year before taxes.

It is true that he is in a business that may have its ups and downs, but whatever ups and downs it has had, it has enabled him now to have a net worth of approximately $400,000, and under those circumstances I would say that he should be able to bridge the gap between good years and bad years even though his income does not remain constant. After taxes that gets down to about $43,000.00 a year for 1967. “As to the current requirements that Mrs. Burton testified to, not just a bare existence but on the other ²³⁶ hand minimal for four people in this kind of income group, it doesn’t seem to me that the requirements are unreasonable, and that amounts to approximately $1,-400 a month. In addition to that she has an income of about $160 a month. I assume from the hours and income that her employment is as much to have some diversion as it is for the amount earned. “I conclude under the circumstances that as payment by the husband to the wife for her support and the support of the minor children, taking into consideration what has already been agreed upon with respect to the house, a reasonable amount would be $1,-600 a month.” The reports of our decisions abound in shopworn expressions of the principles of law which are applicable here.

What we said in Waters v. Waters, 191 Md. 436,