April 11, 1950.
Appeal from the Circuit Court for Lake County, T.G. Futch, J.
R.P. Hamlin, Tavares, for appellant.
Walter Warren, Leesburg, for appellee.
We have examined the record and the briefs in this cause and have heard the able argument of counsel at the bar of this court. It is our opinion that there is ample substantial evidence to support the final decree of the court below, awarding a divorce and custody of the minor child of the parties to the defendant, appellee here. We are also of the opinion that, under the circumstances as shown by the record, the sum of $40.00 per week awarded to the defendant for the support of herself and the minor child is not unreasonable but this opinion is without prejudice to the right of either party to petition for a modification of such award, should changed circumstances so warrant.
That portion of the final decree awarding defendant the sum of $40.00 per week should, however, be modified to show what portion of such sum of $40.00 is awarded as alimony to defendant and what portion is awarded as support and maintenance of the child.
The cause is remanded, with directions to the Chancellor to enter a final decree not inconsistent herewith.
ADAMS, C.J., and TERRELL, THOMAS and ROBERTS, JJ., concur.