Scott v. Scott

The question posed is whether a trial court has the statutory authority to award attorneys’ fees against a party who is partially unsuccessful in his application for a modification of a divorce decree.

The decree in the present case granted to plaintiff, Bertha June Scott, a divorce, the custody of the two children, Sherwin and Carolyn, now eleven and six years of age respectively, with defendant’s right to visit them, $150 per month alimony and $150 per month for the support of the children.

There are a number of motions and countermotions in the instant case. However, it will be necessary to…