DeSimone v. DeSimone

HILL, Judge.

This is an appeal by the father from an order raising monthly benefits for two children of these parties from $125 to $525. Motion to modify was made in the trial court on June 15, 1964, during the pendency of an appeal to this Court by the wife in the original suit, the opinion in which was rendered March 26, 1965, Ky., 388 S.W.2d 591 (1965).

The appellant first contends the trial court was without jurisdiction to determine the matter since there was an appeal pending. With this theory we cannot agree. The court may re-examine the question of custody or support at anytime on…