Meakin v. Meakin

Nevada Supreme Court

Meakin v. Meakin

492 P.2d 1304, 88 Nev. 25, 1972 Nev. LEXIS 388

CourtNevada Supreme Court

DecidedJanuary 26, 1972

Docket6609

StatusPublished

Cited by7 cases

This text of 492 P.2d 1304 (Meakin v. Meakin) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Meakin v. Meakin, 492 P.2d 1304, 88 Nev. 25, 1972 Nev. LEXIS 388 (Neb. 1972).

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Opinion

OPINION

By the Court,

Gunderson, J.:

On May 8, 1970, appellant obtained a Nevada divorce which provided, among other things, for child support payments of $750 per month. In January, 1971, our district court, without stating its reasons, denied a motion by appellant for reduction of child support. This appeal follows.

*26 1. Appellant argues our district court’s refusal to reduce the child support amounts to an abuse of discretion, contending (a) the deterioration of his health prevents his practice of dentistry, (b) he has had to file bankruptcy, and (c) he is now constrained to work as a hospital orderly earning only $400 per month and thus is unable to meet the $750 monthly child support payments. Except in his brief, the only place in the record where appellant’s contentions are found is in his affidavit of December 10, 1970. In Green v. Green, 75 Nev. 317, 340 P.2d 586 (1959), we held that a wife’s affidavit which alleged that she had “insufficient funds” was legally insufficient, being a mere conclusion. Appellant’s affidavit before us is within our holding in Green.

2. • “As appellant has not brought up the hearing transcript [nor a substitute therefor] we must assume the evidence supported the trial court’s implicit determinations.” Leeming v. Leeming, 87 Nev. 530, 490 P.2d 342 (1971); City of Henderson v. Bentonite, Inc., 87 Nev. 188, 483 P.2d 1299 (1971).

Since the record does not establish that the trial court abused its discretion, the judgment is affirmed.

Zenoff, C. J., and Batjer, Mowbray, and Thompson, JJ., concur.

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OPINION

By the Court,

Gunderson, J.:

On May 8, 1970, appellant obtained a Nevada divorce which provided, among other things, for child support payments of $750 per month. In January, 1971, our district court, without stating its reasons, denied a motion by appellant for reduction of child support. This appeal follows.

*26 1. Appellant argues our district court’s refusal to reduce the child support amounts to an abuse of discretion, contending (a) the deterioration of his health prevents his practice of dentistry, (b) he has had to file bankruptcy, and (c) he is now constrained to work as a hospital orderly earning only $400 per month and thus is unable to meet the $750 monthly child support payments. Except in his brief, the only place in the record where appellant’s contentions are found is in his affidavit of December 10, 1970. In Green v. Green, 75 Nev. 317, 340 P.2d 586 (1959), we held that a wife’s affidavit which alleged that she had “insufficient funds” was legally insufficient, being a mere conclusion. Appellant’s affidavit before us is within our holding in Green.

2. • “As appellant has not brought up the hearing transcript [nor a substitute therefor] we must assume the evidence supported the trial court’s implicit determinations.” Leeming v. Leeming, 87 Nev. 530, 490 P.2d 342 (1971); City of Henderson v. Bentonite, Inc., 87 Nev. 188, 483 P.2d 1299 (1971).

Since the record does not establish that the trial court abused its discretion, the judgment is affirmed.

Zenoff, C. J., and Batjer, Mowbray, and Thompson, JJ., concur.

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Bluebook (online)

492 P.2d 1304, 88 Nev. 25, 1972 Nev. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meakin-v-meakin-nev-1972.

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