In Re the Marriage of Hopwood

Benjamin Hopwood appeals a postdissolution order on order to show cause increasing his monthly spousal support obligation from $200 to $750.

I

Benjamin and Mary married in 1953 and separated in 1969. The interlocutory judgment of divorce, filed in December, awarded custody of their three minor children to Mary. Benjamin was ordered to pay a total of $300 monthly child support and $200 spousal support until Mary died, remarried, or until further order of the court.

In 1975, in response to Mary’s motion, the parties stipulated to an order for increased child support. No other legal action was taken until 1987 when Mary filed the underlying order to show cause for modification of the 1969 spousal support order. Her pleadings did not request a specified amount and no changed circumstances were alleged. She maintained Benjamin’s “income has increased substantially.” Benjamin did not disagree: he stipulated he had the ability to pay reasonable support. However, Benjamin sought a termination of his spousal support obligation. He asserted “Wife’s income alone . . . met her needs [and] 18 years [had elapsed] since the divorce [in which] Mary [was able] to obtain education,…