(specially concurring).
And what is required, it is begged, to meet the burden of proof ensuring a *734change of circumstances sufficient to warrant a modification, in this case reduction, in alimony payment?
I answer this question as follows: “In a proceeding for modification of alimony ... [the] burden of proving a change in circumstances sufficient to warrant modification is upon the party seeking modification.” Rousseau v. Gesinger, 330 N.W.2d 522, 525 (S.D.1983). A modification of alimony payments can be made “whenever the trial court in its discretion determines that conditions have changed.” Jameson v. Jameson, 306 N.W.2d 240, 242 (S.D.1981).
Appellant filed an affidavit herein, supporting her motion to find appellee in contempt of court, essentially alleging only appellee’s delinquent alimony payments. She failed to file any answering affidavits to contest appellee’s claims about his income, her inclination to seek employment, or her rental arrangement. A hearing was held on August 22, 1983, whereat neither of the parties submitted any testimony. The trial court basically entered its findings consistent with the facts pertinent to appellee’s reduction in income.
The trial court acted upon the facts presented. There was a sketchy, as contrasted to heavy, presentation of facts by both parties. There can be no doubt that the trial court reduced appellee’s alimony payment by $75 by virtue of a reduction from $250 to $175 based on the evidence that appellee’s income had been reduced by $60 to $70 per week. A reduction of $240 to $280 per month is a change of circumstances in itself. When appellant fails to present any evidence by affidavit or otherwise, she is not in a good position to now academically critique appellee’s showing. Therefore, as Mr. Chief Justice has written, we should defer to the trial court. When a trial judge is served up some hard facts, he can often hit a home run. If the facts served up take the form of fog balls, they become difficult to hit squarely. When a record like this comes before an appellate tribunal, it is an academic vicissitude to sort right from wrong. However, I am convinced the trial court hit a nice double considering both showings. Accordingly, I concur.
I further agree on the attorney fees issue.