NAYLOR V. NAYLOR 700 P.2d 707 (1985) CASE BRIEF

NAYLOR V. NAYLOR

700 P.2d 707 (1985)

NATURE OF THE CASE: Husband (H) sought review of an order finding a material change in circumstances warranting an increase in alimony and child support.

FACTS: H and W were divorced in 1978 after eleven and a half years of marriage. At the time he filed for divorce, H had recently completed his medical training and had just become a practicing surgeon. W was, and still is, a hairdresser. At that time, H had net earnings at that time of $2,600 per month and W had net earnings of $702 per month. The decree awarded alimony to W in the amount of $500 per month for five years and child support in the amount of $250 per month until the child reaches age 21 or leaves the home or until a court-ordered modification, whichever occurs first. W filed for modification of the decree, and the matter was tried in 1983. H was earning a base salary of $5,000 per month (gross) plus annual bonuses. The bonuses prior to the hearing had been approximately $15,000 in 1979, $24,000 in 1980, and $23,500 in 1981. H was receiving tax-deferred benefits in the form of contributions to his pension and profit-sharing accounts amounting to approximately 25 percent of his gross salary. H's net income after taxes had increased to $75,000 since the time of the divorce. The living expenses of W and the parties' child had increased from $1,450 at the time of the divorce to $2,180 at the time of the modification hearing, due to increases in the cost of living and the fact that the child had become a teenager. The decree was modified to extend the payment of alimony through 1987 (an additional four years) and to increase the amount by $100 per month beginning in December 1982. The trial court also increased the amount of child support from $250 per month to $400 per month. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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