REDUCTION OF ALIMONY.

Otago Daily Times, Issue 19800, 27 May 1926, Page 11

REDUCTION OF ALIMONY.

A HUSBAND’S APPLICATION FINANCIAL LOSSES ALLEGED. (Peb Unitel Peess Association.) CHRISTCHURCH, May 26. James Milliken, of Flock Hill, near Cass, a runholder, applied in the Supreme Court, before Mr Justice Adams, to have the aliraor J allowed to bis wire. Wilhelinina Theres'.a Milliken. reduced. At the present time he is payim- her £IOOO a rear, this amount having been fixed some years ago during a period of high prices. Milliken made the application fm the reduction on the ground that his n come consisted of what his leasehold land at Cass could produce, and that it depended on the state of the wool market and on the weather. As the place was -OOOtt above sea level, it would always he liable to heavv losses through snow. For Milliken, Mr Sim said that Mrs Milliken petitioned for a judicial separation in 1924, but the parties, at the suggestion of Mr Justice Reid, who heard the petition, were reconciled, and a deed of separation by mutual consent was entered into for the sake of the eijjht children. Milliken agreed to allow Mrs Milliken £IOOO a year. Under a clause of the deed of separation either party could apply to have the alimony varied. The case was now brought up in the form of the 1 -aring of a petition for alimony, pendente lite. or the court could make a decree of judicial separation on the adjourned and hear the application for alimony. For eight years, said Mr Sim, Milliken’s net profits were £1903 a year. His income was very precarious. He had a large incor- in 1923 and 1924. but those years were phenomenal. Whe: the alimony was fixed at £IOOO his income was £9651. Now he asked the court to review the whole of his means. Under the deed Mrs Milliken had the custody of the four daughters and Milliken the custody of the four sons. The eldest son was 18 years of age and the eldest daughter was over' 16. Both could now earn something. Milliken had worked his way up in life, and Mrs Milliken came from the same class of society. Neither was used to luxuries before the days of affluence, and they were now compelled to return to the style of living to which they were formerly accustomed. If he did not get relief Milliken would be crushed. He sustained loss of £2329 in 1919 through snowf 11s. and, for the year ended December last, he lost 1500 sheep through snow. He was economical, and this was shown by the fact that he actually did his sons’ sewing when they were home for vacati u. He offered £SOO a year, and this was straining his finances to the utmost. Mr Donnelly, .or Mrs Milliken, said that the alimony could stand at £IOOO until after the wool sales. Milliken had launched out to the extent of £750 for a motor car, and the application was premature. It was questionabh whether the court had jurisdiction in the matter. In the case for a judicial separation the petition was filed by Mrs Milliken, so Milliken was in the wrong. Judgment was reserved.