Lampert v. Lampert

*904FOSHEIM, Chief Justice

(concurring in part, dissenting in part).

In recognition of husband’s present gross earnings of $4,166 per month, it is difficult to find abuse of trial court discretion in denying modification of the $300 per month alimony award to wife. I, therefore, join in affirming that decision.

I dissent, however, on the award of appellate attorney fees to wife. Such an award rests in the discretion of this court. SDCL § 15-17-7. When considering, as we must,1 the nature and extent of each parties’ assets and income and the basis for this appeal, I cannot conclude that husband should be burdened with attorney fees for both parties.

. The Supreme Court reviews the same factors as does a trial court when determining whether a portion of attorneys fees, if any, should be allowed as costs for divorce cases on appeal. Harvey v. Harvey, 383 N.W.2d 862, 864 (S.D.1986).