Opinion
No. 62-269.
October 30, 1962.
Appeal from the Circuit Court for Dade County, George E. Schulz, J.
Royal Flagg Jonas, Miami Beach, and Burton B. Loebl, No. Miami Beach, for appellant.
Richard Krieger Fink, Miami, for appellee.
Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.
Barbara Mann appeals a post-decretal order which granted her a judgment in the amount of her former husband's arrearage in support payments, and which reduced the amount of the future payments. She urges error because (1) prior to entertaining the ex-husband's petition for reduction of support payments, the chancellor failed to make a finding that the husband was unable to make himself current; (2) there was insufficient evidence to justify a reduction in the amount of support previously agreed upon; (3) of the inadequacy of the attorney's fee allowed.
The absence of an express finding is not a ground for reversal when the record supplies the necessary basis for the decree. The record here supports the action of the chancellor under his broad discretion in such cases. See Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902. In addition it appears that the absence of the wife and the children from the state contributed to the accumulation of the arrearage.
Appellant has failed to demonstrate error under either of the remaining points. Cf., Fort v. Fort, Fla. 1956, 90 So.2d 313; Moore v. Moore, Fla.App. 1959, 113 So.2d 878.
Affirmed.