Jeppson v. Jeppson

STEWART, Justice.

The plaintiff, Barbara Jeppson, appeals a lower court decision to terminate alimony payments that Mrs. Jeppson was awarded in the original divorce action between her and the defendant, Charles Jeppson.

*70The Jeppsons were divorced in 1970 after a ten-year marriage in which they had two children, a son and a daughter. The divorce decree ordered Mr. Jeppson to pay $275 per month in alimony and $150 per month in child support for the two children who lived with Mrs. Jeppson. In 1978, the court modified the decree by reducing the alimony to $150 per month and increasing the child support to $200 a month for the one daughter who still resided with Mrs. Jeppson.

In 1982, Mrs. Jeppson petitioned the court to increase her alimony, and Mr. Jeppson cross-petitioned to terminate the alimony. The court ordered that the alimony terminate in June 1983, one year after the hearing. We affirm the trial court’s ruling.

Modification of a divorce decree is an equitable matter. Although this Court may review both the facts and the law, Christensen v. Christensen, Utah, 628 P.2d 1297, 1299 (1981), we typically accord “considerable deference to the judgment of the trial court due to its advantaged position and will not disturb the action of that court unless the evidence clearly preponderates to the contrary, or the trial court abuses its discretion or misapplies principles of law.” Id. Accord, e.g., Openshaw v. Openshaw, Utah, 639 P.2d 177 (1982); Fletcher v. Fletcher, Utah, 615 P.2d 1218 (1980). See also Lord v. Shaw, supra; Turner v. Turner, Utah, 649 P.2d 6 (1982).

A party who requests a modification of a divorce decree must initially show that a substantial change in the circumstances of at least one of the parties has occurred. E.g., Lord v. Shaw, Utah, 682 P.2d 853 (1984); Haslam v. Haslam, Utah, 657 P.2d 757 (1982); Christensen v. Christensen, supra. A relative change in the income and expenses of the parties, if comparatively significant, can amount to a substantial change in circumstances. Chris-tiansen v. Christiansen, Utah, 667 P.2d 592 (1983). The facts of this case support the trial court’s finding of a substantial change in circumstances. Mrs. Jeppson’s financial responsibilities have decreased since 1978 because her daughter no longer resides with Mrs. Jeppson, and she provides no support for her daughter. Mr. Jeppson’s financial responsibilities have increased, while his income has increased only slightly. In 1978, Mr. Jeppson paid child support to Mrs. Jeppson to assist her in caring for the daughter’s financial needs, but after the 1978 hearing the daughter moved in with Mr. Jeppson, and he has supported her without assistance from Mrs. Jeppson. Additionally, at the 1982 hearing, Mr. Jeppson testified that he planned to pay for his daughter’s college education.

The purpose of alimony is to enable the spouse who receives alimony to maintain, as nearly as possible, the standard of living that was enjoyed during the marriage. Gramme v. Gramme, Utah, 587 P.2d 144, 147 (1978). Criteria to be considered in awarding alimony include:

The financial conditions and needs of the wife, considering her station in life; her ability to produce sufficient income for herself; and the ability of the husband to provide support.

Id. at 147 (footnote omitted). Accord Hig-ley v. Higley, Utah, 676 P.2d 379 (1983).

The trial court’s termination of alimony was not an abuse of discretion. In 1972 the Jeppson’s twelve-year-old son moved in with Mr. Jeppson, and Mr. Jepp-son became primarily responsible for the son’s financial needs. Mrs. Jeppson owns a condominium in Oregon that she rents to tenants and in which she has almost $45,-000 in equity. She also owns stocks worth $6,000 to $8,0001 and a car that cost $7,100, and receives $260 per month in rental income in Salt Lake. Mr. Jeppson has paid alimony for thirteen years, and his *71income has only increased from $26,000 in 1978 to $30,000 in 1982.

The 1970 divorce decree required that alimony continue only “until such time as [Mrs. Jeppson] is in a position to properly maintain herself in the style in which the defendant has maintained her, which manner, of course may be reviewed by the court at any time.” Although no time limit was set for the payment of alimony, the language of the decree indicates that alimony was not to be permanent.

Mrs. Jeppson obtained a college degree and a teaching certificate during her marriage. From 1972 to 1980, Mrs. Jeppson worked as a legal secretary and earned $10,000 to $13,000 a year. Since 1980, Mrs. Jeppson’s income has decreased due to a manic-depressive condition. The condition does not seem to have affected Mrs. Jepp-son’s earning capacity until 1980, ten years after the divorce. As a child, Mrs. Jeppson suffered seizure disorders, but there is no evidence that she was under treatment for that condition during the marriage. She does not claim that her present illness resulted from her marriage or from any actions by Mr. Jeppson.

Although Mrs. Jeppson suffers from a mental illness, her psychiatrist testified that there are numerous jobs for which Mrs. Jeppson could qualify. A psychologist testified that Mrs. Jeppson’s depression would possibly lift within the next year. Mrs. Jeppson was to begin a new job the day following the hearing. Even though Mrs. Jeppson’s illness may prevent her from achieving her highest earning capacity, the trial court concluded that her ability to perform some work, plus the assets she has available to her, are sufficient for her to support herself and that she is not in danger of becoming a financial burden to the public. On these facts, the trial court acted within its discretion.

Affirmed. Costs to respondent.

HALL, C.J., and DURHAM, J., and JUDITH M. BILLINGS, District Judge, concur.

. Mrs. Jeppson claims that her stocks should not have been considered by the trial court in 1982 since they were available in 1978. However, the court in alimony cases should consider all the circumstances, including various sources of income, as well as assets. Sorensen v. Soren-sen, 20 Utah 2d 360, 438 P.2d 180 (1968).