{
  "id": 8718988,
  "name": "Jerry L. HOYT v. Sally HOYT",
  "name_abbreviation": "Hoyt v. Hoyt",
  "decision_date": "1970-10-26",
  "docket_number": "5-5336",
  "first_page": "266",
  "last_page": "267",
  "citations": [
    {
      "type": "official",
      "cite": "249 Ark. 266"
    },
    {
      "type": "parallel",
      "cite": "459 S.W.2d 65"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "246 Ark. 289",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1604098
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/246/0289-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:50:24.525274+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jerry L. HOYT v. Sally HOYT"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThis is a divorce suit brought by the appellee, Sally Hoyt. The parties were married in 1955 and separated in 1969. In the trial court the appellee was granted a divorce on the ground of adultery (about which the testimony is uncontradicted). The appellee was awarded custody of the couple\u2019s three children, aged 12, 10, and 7. By stipulation the parties agreed upon, and the chancellor approved, a division of their property. The only contested issue on appeal is the amount of alimony and child support to be paid to the appellee. The chancellor allowed Mrs. Hoyt $500 a month as alimony and $500 a month as child support. The appellant insists that those allowances are excessive and should be reduced to a total of $800 a month.\nWe have consistently recognized the chancellor\u2019s wide discretion in such a matter. Proper consideration should be given to the financial condition of the parties and to their conduct. We disturb the chancellor\u2019s decision only if we find an abuse of discretion. Wiles v. Wiles, 246 Ark. 289, 437 S. W. 2d 792.\nThe appellant is a physician who began practicing in Hot Springs eight years before the case was tried. Despite his testimony that he and his wife had lived beyond their income, Dr. Hoyt admitted that during the eight years he had accumulated a net worth of more than $110,000, though he states that his mother furnished him with loans totaling $23,000. In 1969 the doctor\u2019s net income, after taxes, was about $24,000. If personal exemptions and unfunded depreciation are added to that figure, it appears that Dr. Hoyt had about $32,000 of spendable income in that year.\nMrs. Hoyt will have to maintain herself and three sons. She testified that her total expenses, which she itemized in detail, amount to about $1,450 a month. The chancellor quite rightly pointed out that here, as in most such cases, there is not enough money to go around. When we compare the wife\u2019s demonstrated needs with the husband\u2019s available income, we find no abuse of discretion in the trial court\u2019s allowances. The decree must therefore be affirmed, with an attorney\u2019s fee of $750 to the appellee for the services of her counsel in this court.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Curtis L. Ridgway, Jr., for appellant.",
      "Anderson & Slagle, for appellee."
    ],
    "corrections": "",
    "head_matter": "Jerry L. HOYT v. Sally HOYT\n5-5336\n459 S. W. 2d 65\nOpinion delivered October 26, 1970\nCurtis L. Ridgway, Jr., for appellant.\nAnderson & Slagle, for appellee."
  },
  "file_name": "0266-01",
  "first_page_order": 288,
  "last_page_order": 289
}