Dowdell v. Dowdell

19 Citing cases

  1. McLaughlin v. McLaughlin

    1999 OK 34 (Okla. 1999)   Cited 15 times

    Stansberry v. Stansberry, see note 13, supra; Durland v. Durland, see note 8, supra;Jupe v. Jupe, 1947 OK ___, 175 P.2d 976, 978.Ford v. Ford, 1988 OK 103, ¶ 11, 766 P.2d 950, 953; Dowdell v. Dowdell, 1969 OK 155, ¶ 9, 463 P.2d 948, 950; Eiseneich v.Eisenreich, 1958 OK 61, ¶ 10, 323 P.2d 723, 724.Ford v. Ford, see note 15, supra;Dowdell v. Dowdell, see note 15, supra.

  2. Adams v. Comm'r of Internal Revenue

    66 T.C. 830 (U.S.T.C. 1976)   Cited 1 times

    A provision terminating alimony on a contingent occurrence (such as remarriage or death prior to full payment) would render the award void. Vanderslice v. Vanderslice, 195 Okla. 496, 159 P.2d 560 (1945); Bishop v. Bishop, 194 Okla. 209, 148 P.2d 472 (1944); Cf. Dowdell v. Dowdell, 463 P.2d 948 (Okla. 1970). The above-quoted Oklahoma statute was clearly applicable at the time petitioner was granted a divorce from his wife.

  3. Sunrizon Homes, Inc. v. American Guaranty Investment Corp.

    1988 OK 145 (Okla. 1989)   Cited 20 times
    In Sunrizon, the court considered an installment sales contract and a security agreement to be a single agreement pursuant to an express clause in the contract that stated the two documents "shall be considered as one document."

    A statutory exception to this general rule under 12 O.S. 1981 § 1276[12-1276] has been noted in divorce cases, Durland v. Durland, 552 P.2d 1148, 1149 (Okla. 1976) and Dowdell v. Dowdell, 463 P.2d 948, 953 (Okla. 1970). Sunrizon, however, has not cited any authority to support an award for the expense of copying briefs as costs in a case such as the one herein.

  4. Ford v. Ford

    1988 OK 103 (Okla. 1989)   Cited 39 times
    In Ford v. Ford, 766 P.2d 950 (Okla. 1988), the court pointed out that "[w]here one spouse brings separate property to a marriage and an increased value of the property occurs as a result of joint efforts of the husband and wife, the other spouse is entitled to an interest in the appreciation of the property."

    Tr. at 53. In light of the wife's monthly expenses and accustomed mode of living the award cannot be construed as an abuse of discretion. See, Eisenreich v. Eisenreich, 323 P.2d 723 (Okla. 1958), (a wife's condition and means may be considered in determining the amount of alimony); and Dowdell v. Dowdell, 463 P.2d 948 (Okla. 1969), (the court may consider the wife's mode of living to which she has become accustomed in determining the amount of alimony). The wife received the benefit of an education while married, but has not been employed, except for a short period, since the beginning of the marriage.

  5. Wilks v. Wilks

    1981 OK 91 (Okla. 1981)   Cited 21 times
    Holding that, like child support and alimony orders, attorney fee awards in divorce are not subject to automatic supersedeas upon posting of bond; but rather should be superseded only on special grant of a court

    Potter v. Wilson, Okla., 609 P.2d 1278, 1281 [1980]; see Marks-Barnett, Renovations and Innovations: Commentary on Recent Developments in Family Law, 50 OBJ 1276-1278, 2758-2761.Dowdell v. Dowdell, Okla., 463 P.2d 948, 953 [1970]; Scott v. Scott, 203 Okla. 60, 218 P.2d 373, 376 [1950]. Both the trial and appellate courts may make provisions for payment of support, alimony and counsel fees during an interspousal appellate contest.

  6. Stansberry v. Stansberry

    1978 OK 77 (Okla. 1978)   Cited 20 times
    Granting expert fees to wife for appraisers who valued the marital estate

    Under the circumstances pointed to by the Court of Appeals of the rather lengthy period of time of this appeal and of substantial amount of money paid by the husband in compliance with the judgment of the trial court and subsequent orders, we find credit should be allowed of amounts so paid since the entering by the trial court of its judgment. Dowdell v. Dowdell, Okla., 463 P.2d 948, 953 (1969). COURT OF APPEALS DECISION VACATED; TRIAL COURT AFFIRMED AND REMANDED, IF NECESSARY, TO DETERMINE CREDITS TO JUDGMENT FOR AMOUNT PAID PENDING APPEAL.

  7. Atteberry v. Atteberry

    554 P.2d 1370 (Okla. 1976)

    She was out of employment; her certificate for teaching had expired; she had not used her stenographic employment for some 22 years. It appears that the present case is more in point with the case of Dowdell v. Dowdell, Okla., 463 P.2d 948, in which the wife worked while the husband was obtaining his degree in college. She continued to work periodically until shortly before the trial; she helped with the support of the household, including placing her inheritance to help on the family budget.

  8. Durland v. Durland

    1976 OK 102 (Okla. 1976)   Cited 8 times

    The appeal from the divorce decree of necessity required legal research and the preparation of a brief for presentation. The appellant is granted an additional $500.00 for attorney fees and costs.Dowdell v. Dowdell, 463 P.2d 948, 953 (Okla. 1970); Lavender v. Lavender, 435 P.2d 583 (Okla. 1967); 12 O.S. 1971 § 1276[12-1276]. CERTIORARI GRANTED FOR THE LIMITED PURPOSE OF INCREASING AMOUNT OF ALIMONY JUDGMENT AND AWARDING ADDITIONAL ATTORNEY FEES FOR PROSECUTION OF APPEAL. JUDGMENT OF TRIAL COURT AND COURT OF APPEALS OTHERWISE AFFIRMED.

  9. Peters v. Peters

    1975 OK 114 (Okla. 1975)   Cited 35 times
    In Peters v. Peters, 1975 OK 114, ¶ 2, 539 P.2d 26, 27, the wife sought review of a decree ordered lien that provided "if said property is sold, [husband] is to receive $3,625.

    Appellant also argues that $40.00 per month per child for a total of $160.00 per month is inadequate support and that the trial court erred in failing to award alimony to her. In Dowdell v. Dowdell, 463 P.2d 948 (Okla. 1970) cited by appellant for the proposition that alimony should have been awarded, the wife was granted the divorce against her husband, a physician, because of his association with another woman. The wife had worked to support the family while her husband was in medical school.

  10. Herndon v. Herndon

    1972 OK 134 (Okla. 1972)   Cited 8 times

    " In Harden, supra, referring to the husband, we observed in making the determination of alimony and property division, "His property is of great value as heretofore stated, and his assets are quite liquid." An added consideration is the parties' station in life, Dowdell v. Dowdell, Okla., 463 P.2d 948, 952, and the husband's estate and earning capacity, Seelig v. Seelig, Okla., 460 P.2d 433, 436. Under the record before us the size of the husband's separate estate has an interesting relation to his earning capacity.