
    No. 205
    CURRENT v. CURRENT
    Ohio Appeals, 8th Dist., Cuyahoga Co.
    No. 5237.
    September 22, 1924.
    413. DIVORCE AND ALIMONY—1. Alimony in sum of $600 payable in'installments of $25 monthly is not excessive.
    2. Such allowance is part of decree for divorce and máde while marital relation exists that it is payable in installments does not affect jurisdiction.
    3. Property acquired whether derived from personal earnings or otherwise is subject to alimony.,
    4. That alimony is payable out of personal earnings must affirmatively appear of record to raise objection.
    5. Alimony like custody of minor children is based on breach of marital relation and is not distinguishable.
    Published only in Ohio Law Abstract
    Attorney's—A. M. Gibbons, for James. O.'jh Goudy, for Lulu; Cleveland.
   SULLIVAN, J.

Epitomized Opinion

Alimony in the sum of • $600, payable in monthly installments of $25 was allowed Lulu Current on her divorce from James A. Current. She was also, allowed her own real estate certain personal property. It was contended,- there being no children, that the alimony was excessive. That alimony is payable to a .wife only and so far as installments are concerned are payable only to á divorced woman. That alimony cannot be allowed out of earnings. Affirming the judgment the court of appeals held:

1. Alimony in the sum of $600, payable in monthly installments of $25 is not excessive.

2. Alimony allowed with decree of divorce is part and parcel of decree and necessarily allowed while marital relation exists and being payable in installments does not destroy the award of gross sum.

3. That alimony is payable out of future earnings must affirmatively appear of record to invalidate presumption.

4. Property acquired whether derived from personal earnings or otherwise is subject to alimony.

5. Alimony payable in gross or in installments is not invalid because proceeds of earnings must be applied to its extinguishment. Hefleblower v. Hefleblower, 102 O. S. 645; v. Howe, 29 Dec. 413; 21 N. P. N. S. 324.

6. Alimony based on aggression of husband, like custody of children grows out of same grievance, breach of marriage relation. West v. West, 100 O. S. 33.  