(Download) "Simpson v. Simpson" by En Banc. Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Simpson v. Simpson
- Author : En Banc. Supreme Court of Florida
- Release Date : January 17, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The principal question here presented may be stated as follows: Where the husband petitions for a reduction of the amounts allowed in a former decree for alimony and child support, is the wife entitled to suit money, including a reasonable attorneys fee, under the provisions of Section 65.16, Florida Statutes, F.S.A.? It is our opinion that Section 65.16 should be so interpreted. This is so because when the wife defends such a petition, she is, in effect, litigating to enforce that portion of the former decree which by his petition he seeks to take away from her. This court has heretofore held, is Selinsky v. Selinsky, Fla., 62 So.2d 24, 26 that the services rendered by an attorney on behalf of a wife in resisting the husbands counterclaim seeking to have the court modify its former decree by eliminating therefrom the provisions respecting alimony "constitutes services for the purpose of enforcing the original decree or order for alimony." Similarly, when the husband petitions for a reduction, the wife must employ an attorney to defend against his claim for a reduction, and his services are, as in the Selinsky case, "for the purpose of enforcing the original decree or order for alimony."