Faulkner v. Faulkner

Collins, J., delivered the opinion of the Court. This is an appeal from an order denying alimony. On February 2, 1939, this Court, in the case of Faulkner v. Faulkner, 176 Md. 692 , unreported in the Maryland Reports, reported in 4 Atl. 2nd 117, reversed a decree of the Circuit Court No. 2 of Baltimore City and remanded the case for the passage of a decree granting the appellant, Margaret E. Faulkner, a divorce a mensa et thoro. As a result of that decree, an order was passed granting Margaret E. Faulkner a divorce a mensa et thoro, and the guardianship and custody of their minor child.

Her husband, John Faulkner, was ordered to pay to her the sum of five dollars per week as permanent alimony and the further sum of $4.50 per week for the maintenance and support of their minor child, subject .to further order of the Court. When the son became self-supporting the $4.50 per week for his support was eliminated by a decree. On September 30, 1948, Judge Mason decreed that all alimony payments by John Faulkner to Margaret Faulkner be suspended, without prejudice to the right of said Margaret Faulkner, to make further • application for alimony. At that time the wife was employed: - and making $35.50 per week.

The record now before us does not show the financial condition of the husband at that time. On January 25,- 1949, Judge Sherbow-. dismissed without prejudice another petition of the appellant for alimony. At, that time the-net .income of" the wife was $36.00 per week-and that of the husband $60.00 weekly. ⁴⁹⁷ On May 9, 1950, another petition was filed by the appellant for alimony. On December 7, 1950, a supplemental petition was filed asking that John Faulkner be required to pay appellant’s physician reasonable costs for an operation on the wife.

After answers were filed to the petition and supplemental petition and after hearing in open court, Judge Niles, on the 29th day of March, 1951, ordered that the appellee “pay his wife, Margaret E. Faulkner, through the Probation Department of Baltimore City, at the rate of $10.00 per week, the sum of $105.00 for medical and hospital expenses and the costs of the proceedings.” He dismissed the wife’s petition for alimony “without prejudice to the right of the plaintiff to make further application to this Court”. An appeal is taken from that order. No appeal was taken by John Faulkner. Dougherty v. Dougherty, 187 Md. 21, 32 , 48 A. 2d 451 ; Gunter v. Gunter,