Paajanen v. Paajanen
Paajanen v. Paajanen
Opinion
This case involves post-divorce proceedings.
The parties divorced in August 1990, and within a matter of weeks, both parties filed petitions seeking to modify the divorce decree. The wife sought custody of the parties' minor child and child support from the husband, while the husband sought a reduction or elimination of the periodic alimony obligation. After receiving ore tenus evidence in a modification hearing less than six months after the divorce, the trial court entered an order which included, inter alia, a judgment in favor of the wife for an alimony arrearage, and ordered the husband to pay monthly alimony of $606. The husband appeals.
On appeal, the husband contends that the trial court abused its discretion in failing to substantially reduce or eliminate the periodic alimony obligation and in calculating the arrearage. He contends that the trial court erred in failing to find that circumstances had materially changed since the divorce, including the employment and living situations of both of the parties, that were not contemplated when the alimony was established in the divorce decree. He argues that the trial court erred in failing to provide him any requested relief and that the trial court erred in calculating the alimony obligation and the alimony arrearage. It is the husband's position that the change in his employment and location was substantial, especially when coupled with *Page 294 the new requirement that he pay child support which was not originally ordered.
The divorce decree ordered the husband to initially pay monthly periodic alimony of $750 to the wife. The decree provided for pro rata reduction of this amount in the event that the husband's base wage declined. At the modification hearing, both parties presented evidence regarding the husband's income, his employment, his obligations, his lifestyle, and his ability to pay the alimony and the arrearage based on the agreement incorporated in the divorce decree a few months earlier. That evidence conflicted and the record contains some evidence supporting the arguments of both parties.
It is well-established that when a trial court's findings are based on conflicting evidence which is presented ore tenus, a presumption of correctness automatically attaches to the resulting judgment. Blankenship v. Blankenship,
We have thoroughly and carefully reviewed the record and choose to pretermit a lengthy discussion of specific facts in this case. To detail such would add nothing to the vast existing cases. Before the trial court for consideration was conflicting information from both parties regarding their financial conditions including information concerning their employment, their relocations and living conditions, their financial obligations and pressures, their future prospects, the financial needs of the wife and the ability of the husband to meet those needs, and the resources and assets available to each party. With all that pertinent information, the trial court apparently chose to believe the information provided by the wife to conclude that there had not been a material change in circumstances since the divorce decree. A trial court has within its discretion to disbelieve any testimony it deems questionable. James v. James,
Our review of the record discloses evidence supporting the trial court's actions and no evidence sufficient to overcome the presumption of correctness of the trial court's judgment. Finding no abuse of discretion, we are not permitted to substitute our judgment for that of the trial court.Beckwith v. Beckwith,
This case is due to be affirmed.
AFFIRMED.
ROBERTSON, P.J., and RUSSELL, J., concur. *Page 295
Reference
- Full Case Name
- William Edward Paajanen v. Wendy Tuttle Paajanen.
- Cited By
- 7 cases
- Status
- Published