Wilder

The appellant herein was granted an interlocutory decree of divorce from the respondent on the ground of desertion. The decree recited that the property rights of the parties had been adjusted, and that the appellant was entitled to an allowance for support and maintenance, which the trial court fixed at $160 a month, payable monthly. A similar amount had been agreed upon in the property settlement agreement between the parties, subject, however, to modification “by mutual consent of the parties, Or by a court of competent jurisdiction”.

Thereafter the respondent husband noticed a motion supported by affidavit to modify said interlocutory decree by reducing the allowance for appellant’s support and maintenance from $160 to $80 a, month on the ground that respondent was no longer financially able to continue the ordered payments and that appellant had ample means and income of her own to support and maintain herself. The appellant countered with a motion supported by affidavit asking for an allowance of $150, or other reasonable sum, for counsel fees and court costs to defend against the respondent’s motion, upon the ground of alleged necessity. The motions were heard together and…