Mahan v. Mahan
Mahan v. Mahan
Opinion of the Court
This is an appeal from an order of the District
On January 11, 1977, Dr. Mahan filed a motion for modification of the alimony provision of the original decree, alleging changes in Mrs. Mahan’s circumstances. Mrs. Mahan filed an answer and cross-petition. After trial the District Court found that Dr. Mahan had failed to prove any material change in circumstances which would justify a modification of the original decree as it pertained to alimony. The court also found that Mrs. Mahan had failed to prove any material change in circumstances which would entitle her to an increase in alimony. Costs were taxed to Dr. Mahan including a $1,250 fee for Mrs. Mahan’s attorney.
Appellant contends that the increase in Mrs. Mahan’s earned income constitutes a material change in circumstances. At the first trial on September 21, 1972, Mrs. Mahan testified she went back to work as a beauty operator in 1972 and at the time of the trial was making $40 per week. At the second trial it was shown that her income as a beautician was as follows: For 1974, $4,668; for 1975, $4,914; for 1976, $5,003; and for 1977, $5,593. In addition she had income from interest on savings and the alimony paid by Dr. Mahan. An attempt on her part to show Dr. Mahan’s income during the same time periods was not allowed by the trial judge.
It stands to reason that at the time of the trial, when Mrs. Mahan had just resumed her occupation
We have examined Dr. Mahan’s other claims that there has been a material change in circumstances and find that they are without merit.
Appellant also claims the trial court’s award of $1,250 for appellee’s attorney was excessive. The record shows Mrs. Mahan’s counsel spent a total of 36 1/6 hours time plus $17 for out-of-pocket expenses. We find that this claim is without merit.
The appellee is allowed an additional attorney’s fee of $750 for the services of her attorney in this court.
Affirmed.
Reference
- Full Case Name
- Agnes Mahan v. William F. Mahan
- Status
- Published