In Re the Marriage of Hublou

Summary

Frank Hublou (Husband) appeals after the trial court ordered him to pay to Lilia Hublou (Wife) $5,000 of the attorney fees and costs she incurred opposing his motion to reduce spousal support. We will affirm as there was no abuse of discretion.

Facts and Proceedings

Pursuant to a July 1987 stipulation, Husband agreed to pay Wife spousal support of $1,000 per month commencing August 1, 1987. The stipulation was incorporated into the judgment of dissolution filed in April 1988. The judgment also provided that Wife would use her “best efforts” to obtain employment; if Wife failed to use her best efforts to obtain employment, “the court may attribute income to her based on her earning capacity”; spousal support would be reviewed one year from July 9, 1987; and the sole purpose of the one-year review hearing would be “to determine whether wife has used her best efforts to obtain employment.”

In August 1988, approximately one month after expiration of the one-year review period, Husband filed a motion for review of the spousal support order and requested a reduction of support to $400 per month. Husband’s income and expense declaration stated his gross income at…