Close v. Close

SANDLER, Associate Justice:

The appellant filed her bill of complaint for separate maintenance for herself and two minor children, pursuant to the provisions of Section 65.10 F.S. 1941. This Section authorizes a suit by the wife where the “husband having ability to maintain or contribute to the maintenance of his wife or minor children shall fail to do so.” In order for the suit to be maintained, the husband must be able to maintain or to contribute to the support of his family and fail. If the husband at the time of the institution of the suit is not withholding support, commensurate with the…