In Re Marriage of Rome

Opinion

WENKE, J.

*

Richard and Naomi Rome were married for over 32 years. Incident to an interlocutory judgment of dissolution of marriage they stipulated to spousal support in the amount of $1,000 per month. Approximately three months thereafter Richard sought a reduction solely on the basis of having lost his job. After a hearing, spousal support was reduced to $100 per month. This reduction was predicated

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entirely on Richard’s change of circumstances. In addition, the court established a sliding scale of future spousal support payments to Naomi commensurate with future increases in Richard’s income. The court did not allow attorneys’ fees to Naomi. She has appealed, objecting to the reduction, the schedule for future payments, and the denial of fees.

At the time of the interlocutory judgment Richard had been a successful commission salesman of a specialty product for the same firm for many years, grossing approximately $50,000 per year. He was terminated on July 26. The order to show cause re modification was heard on October 4. At that time, his income, for the most part unemployment compensation, was $483 per month.

According to Richard, and his testimony was undisputed, he was fired without just cause. At the hearing, he testified that he was currently maintaining an office and looking for wdrk. Richard, whose field of expertise was highly specialized, testified that he was well regarded within the industry and felt it was not in his best interests to accept the offers that had come his way in that they were from, as he described them, “fly-by-night” companies. However, at the time of the hearing he had what he considered a good opportunity, incident to which the merchandise would not be available until December.

At the conclusion of the hearing, counsel for Naomi requested the court to make an interim order and continue the hearing for 90 days. This request was denied.

Spousal support must be determined according to the needs of both parties and their respective abilities to meet these needs.

(In re Marriage of Cobb