In Re Marriage of Farrell

Douglas Kent Farrell appeals an order increasing his spousal support obligation eightfold after he was unable to discharge an indebtedness secured by the residence his ex-wife received in the division of property. The trial court found that his failure to discharge the debt and the loss of interest earning potential suffered by her when the debt was paid out of escrow upon sale of the residence was a sufficient change of circumstances to warrant an increase in support. The court further found that the disparity between the wife’s net income and her expenses necessitated the increase. We reverse.

Facts

On October 23, 1983, the parties appeared in court and entered into a written stipulation to an interlocutory judgment of dissolution of marriage. The stipulation, and later the judgment, distributed the community assets and liabilities and provided for spousal support in the sum of $100 per month and child support in the total amount of $600 for three children. Wife was awarded the family residence subject only to a first trust deed and a loan from her parents. A debt to the bank secured by a second deed of trust on the residence was to be paid by husband; and if wife…