Glover v. Glover

• Decision Date: 08 May 1998
• Citation: 730 So.2d 218
• Parties: Johnny GLOVER v. Marsha K. GLOVER.
• Court: Alabama Court of Civil Appeals

730 So.2d 218

Johnny GLOVER v. Marsha K. GLOVER.

2970089.

Court of Civil Appeals of Alabama.

May 8, 1998.

Rehearing Denied June 12, 1998.

Certiorari Quashed February 19, 1999.

Joseph C. Sullivan, Jr., of Hamilton, Butler, Riddick, Tarlton & Sullivan, P.C., Mobile, for appellant.

D. Robert Stankoski, Jr., of Stankoski & Stankoski, L.L.P., Fairhope, for appellee.

Alabama Supreme Court 1971667.

MONROE, Judge.

Johnny Glover and Marsha K. Glover were divorced in 1987, after 24 years of marriage. Two children, both now adults, were born of the marriage. The parties reached an agreement as to alimony and property division, and that agreement was incorporated by the court into the divorce judgment. The judgment provided, among other things, that the husband was to pay periodic alimony of $415 a week, until the wife died or remarried, but "in no event longer than 120 consecutive months following the rendition of a [j]udgment of [d]ivorce in this cause." The court entered the divorce judgment on January 14, 1987.

In 1992, the wife moved for a contempt order, alleging that the husband had not complied with the divorce judgment, and moved for a modification of the periodic alimony provision. The trial court found the husband in contempt and ordered him to pay $43,000, representing an arrearage of alimony owed plus interest. To satisfy the judgment, the court directed the husband to pay $200 a month and a $3,000 lump sum each year until the arrearage was satisfied. The trial court modified the future periodic alimony and ordered the husband to pay alimony of $500 a month. The court expressly reserved the right to modify the judgment and provide for support beyond the 120 months.

On January 30, 1997, the wife filed a motion to modify the alimony provisions of the divorce judgment. She also asked the court to modify the 1992 judgment by awarding interest on the $43,000. The trial court held a hearing on the issue of modifying periodic alimony on June 17, 1997. The trial court ordered the husband to pay $300 a month periodic alimony for 3 more years. The trial court held a hearing on September 23, 1997, to determine the arrearage interest issue. The trial court's judgment provides that the husband owes the wife $23,849.32 in alimony arrearage and that 7% interest is to "run" with the arrearage and that the husband is to pay the wife $200 a month until the judgment is satisfied. The husband appealed.

A decision to modify an award of periodic alimony is within the trial court's discretion and will not be disturbed on appeal except for an abuse of discretion. Stevens v. Stevens, 641 So.2d 825, 827 (Ala.Civ.App. 1994). An obligation to pay alimony may be modified only upon a showing of a material change in circumstances that has occurred since the trial court's previous judgment, and the burden is on the party seeking a modification to make this showing. Taylor v. Taylor, 640 So.2d 971, 973 (Ala.Civ.App.1994). Thus, the moving party must show a material change in the financial needs of the payee spouse and in the financial ability of the payor spouse to respond to those needs. Stevens, 641 So.2d at 827. We further note that an alimony arrangement based on an agreement of the parties should be modified only for clear and sufficient reasons and only after a thorough investigation. Stewart v. Stewart, 536 So.2d 91, 93 (Ala.Civ.App.1988); citing Vines v. Vines, 409 So.2d 839 (Ala.Civ. App.1981).

The husband argues that the trial court erred in modifying the periodic alimony because, he argues, the evidence was insufficient to establish a change in circumstances.

The husband's argument in his brief to this court on that issue comes close to failing to meet the requirements of Rule 28, Ala.R.Civ. P., because the husband cites authority only for a general proposition of law. However, out of an abundance of caution, we will address this issue on the merits. Upon review of the record, we find there was sufficient evidence to support the trial court's finding, and, therefore, we will briefly address the issue.

The record reveals that while the parties were married, the husband was a contractor and built several homes. The husband's business was very successful during the later years of the marriage and at the time of the parties' divorce. During the marriage, the wife was a homemaker.

The trial court heard testimony only from the husband and wife. The wife testified that she had changed jobs several times since 1992. At the time of the hearing, the wife was working for the City of Gulf Shores and was earning $6 an hour. The wife has attended college on and off for the past several years. She expects to complete a two-year degree in a few months. She testified that she planned on continuing her education and wished to attend Auburn University.

Two years ago, the wife was diagnosed with a chemical disorder and, as a result of that disorder, she suffers depression and tiredness. She has undergone psychological treatment. She presently participates in the city's vocational rehabilitation services. The rehabilitation service pays for the wife's educational expenses.

The wife testified that she has no assets. She stated that she had to sell her last asset, an automobile. The wife resides in a mobile home. She testified that because she is unable by herself to afford to live in the mobile home, she has a roommate who pays half the rent and half the utilities. The wife's monthly share of the rent is $150. She testified that her monthly living expenses are $850.

The husband is remarried, and he and his new wife are real estate agents. The...