Zamecki v. Zamecki

Prescott, J., delivered the opinion of the Court. The appellant was divorced, a mensa et thoro, from the appellee on June 15, 1960, and awarded permanent alimony in the amount of $90.00 a week. On May 22, 1961, the appellee filed a petition requesting a reduction in the alimony, due to “drastic” changes in the financial conditions of the parties. On November 1, 1961, after a full hearing on appellee’s petition, the chancellor reduced the amount of alimony to $75.00 a week.

Eater, on December 1st, another decree was signed requiring the appellee to advance the costs of this appeal, which included an item of $100 as an attorney’s fee for the wife’s counsel. The appellant challenges the correctness of the decree of November 1st, insofar as it reduced her alimony, and the decree of December 1st in allowing her counsel only $100 for prosecuting this appeal. The appellee is a dentist, who, at the time of the divorce, was living in Baltimore. The parties are mature people with adult children, but no dependent ones.

At the time of their divorce, they owned two pieces of real estate as tenants by the entireties: one a residential property known as 4102 Loch Raven Boulevard; the other, 336 S. Patterson Park Avenue. The latter contained rentable quarters and also the appellee’s dental offices. On March 23, 1961, the parties entered into a separation agreement, wherein it was agreed that the wife would obtain the residence in fee, and the husband would obtain the Patterson Park Avenue property in fee. This agreement contained a provision which stated: “It is fully agreed and understood * * * that [this agreement] shall not in any way effect [sic] the permanent alimony decreed to” the appellant.

The wife also obtained practically all of the personal property in the home. The appellee’s 1960 income tax return showed a net income to him of some $4,200 after paying $3,585 to the appellant as alimony. ³ When the parties were divorced, all of the wife’s bills were paid, including a tax bill of $700 on the Eoch Raven Boulevard property, where she was residing. At or about that time, she received the sum of $5,000 as the result of a settlement for personal injuries resulting from a motor vehicle accident. She retained insurance policies on the appellee’s life having cash surrender values of $7,500.

The husband testified that he had about $35,000 invested in the Eoch Raven Boulevard property and about $23,000 in 336 S. Patterson Park Avenue. After the divorce, the wife sold her residential property and bought a smaller home, whereby she netted about $9,000 in cash and reduced her taxes by about $350 a year. At the time of the hearing below, the appellee’s financial condition was as follows. After the divorce, he had sold his dental practice in Baltimore, and moved to New York State.

The business was sold in May, 1961. He received $4,500 for it and some dental equipment. $500 was paid in cash, and the balance was payable at the rate of $100 a month. He had bought a home