Marriage of Edwards, In re, 76--214

• Decision Date: 10 February 1977
• Docket Number: No. 76--214,76--214
• Citation: 39 Colo.App. 26,560 P.2d 849
• Parties: In re the MARRIAGE OF Gloria C. EDWARDS, Appellant, and Emerick R. Edwards, Appellee. . III
• Court: Colorado Court of Appeals

Page 849

560 P.2d 849

39 Colo.App. 26

In re the MARRIAGE OF Gloria C. EDWARDS, Appellant and Emerick R. Edwards, Appellee.

No. 76--214.

Colorado Court of Appeals, Div. III.

Feb. 10, 1977.

Selected for Official Publication.

Sonheim & Helm, Robert H. Sonheim, Darrel L. Matteson, Arvada, for appellant.

Wesley H. Doan, Denver, for appellee.

RULAND, Judge.

Appellant, Gloria C. Edwards, appeals from a final order of the trial court reducing the monthly child support payments due from appellee, Emerick R. Edwards, for the two minor children of the parties. We reverse and remand for further proceedings.

The facts pertinent to this review are not disputed. The marriage of the parties was dissolved in December of 1973. The issues relative to division of property, child support, and related subjects were resolved by written agreement, and the agreement was incorporated into the decree of dissolution. Prior to entry of the decree, appellee filed a financial affidavit with the trial court reflecting a monthly gross income of $1,360. By virtue of the agreement and the decree, appellee was obligated to make child support payments of $400 per month.

Shortly after the decree was entered, appellee's employment was terminated, and it was not until approximately eight months later that he was able to secure equivalent employment in another state. A motion to reduce child support was filed by appellee in June of 1974, but a hearing on the motion was not held until December of 1975. During that interval of time, appellee paid child support payments of approximately $200 per month. However, at the time of the hearing on his motion, appellee's salary had been increased to a gross monthly rate of $1,400. ¹ The parties stipulated that the financial needs of the minor children had not decreased since entry of the decree.

Based solely on the fact appellee was unable to pay full child support payments during 1974 and 1975, the trial court concluded that pursuant to § 14--10--122, C.R.S. 1973, appellee had sustained his burden of showing a change of circumstances sufficient to make the existing support order unconscionable. It therefore ordered a reduction of future support payments to $300 per month. Appellant contends that this ruling was erroneous, and we agree.

Prior to the effective date of the Uniform Dissolution of Marriage Act in 1972, See § 14--10--133, C.R.S. 1973, an order modifying child support payments could affect only those payments accruing after the order was entered. See e.g., Drazich v. Drazich, 153 Colo. 218, 385 P.2d 259 (1963). In addition, the issue of modification was based upon the needs of the parties as of the date of the hearing. See Huber v. Huber, 143 Colo. 255, 353 P.2d 379 (1960). However, the Uniform Act modified prior law by authorizing the court to order reduction of support payments accruing subsequent to the date a motion to...