In Re Marriage of Lautsbaugh

Opinion

GRIGNON, J.

Appellant Steve D. Lautsbaugh (husband) appeals from a postjudgment order of the family law court modifying a spousal support award in favor of respondent Carol Lautsbaugh (wife). Husband contends the family law court erred when it found the expected termination of child support upon graduation of the children from high school constituted a material change of circumstances justifying an increase in spousal support. We agree and reverse.

Facts and Procedural Background

The parties were married for 20 years and were divorced in uncontested proceedings in 1992. There are two children of the marriage: Shelley, bom November 21, 1976, and Kevin, born February 23, 1979. Husband was ordered to pay child support to wife in the amount of $325 per child per month until the child graduated from high school. Husband was also ordered to pay wife spousal support in the amount of $489 per month until November 30, 1997. The family law court retained jurisdiction to extend the period

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of spousal support. Kevin, the youngest child, graduated from high school in June 1997.

On June 3, 1997, wife filed an order to show cause requesting an increase in spousal support, based on the change of circumstances of Kevin’s graduation from high school and the concomitant termination of husband’s child support obligations. Wife’s income and expense declaration stated: she incurred no expenses for her children’s college education; Shelley and Kevin still lived with her rent free; Shelley earned $704 per month; and Kevin earned $236 per month. Husband’s responsive declaration and income and expense declaration stated he was contributing to the children’s education. Both children attended community college. Wife’s income had increased over the six-year period; husband’s income had stayed the same.

At the hearing on the order to show cause, the family law court found the termination of child support to be a material change of circumstances and ordered husband to pay wife $739 per month spousal support commencing December 1, 1997. No termination date was set.

Discussion