In Re Marriage of Crobarger

Benjamin M. B. Crobarger appeals an order (1) failing to terminate spousal support to Ruth Maxine Crobarger, (2) modifying spousal support, and (3) ordering payment of arrearages and attorney’s fees.

Facts

On July 20, 1972, the court ordered Benjamin to pay spousal support to Ruth in the sum of $600 per month. The marriage was of 24 years in duration. Benjamin was employed in the merchant marine and Ruth was a homemaker. On December 6, 1984, Ruth filed her notice of motion for wage assignment and arrearages. On January 18, 1985, Benjamin filed his order to show cause and request for termination of the existing spousal support order. After hearing, the court ordered Benjamin to pay all arrearages ($2,400) at the rate of $200 per month for 12 months, and to pay Ruth’s attorney’s fees in the amount of $400. The court also modified the preexisting support order to a monthly payment to Ruth of $400.

Benjamin, now age 66 and retired, had a net monthly income of $1,322.72 in 1972, and presently receives net retirement income of $1,468.70 per month. He claims he is not physically capable of returning to his previous employment. Ruth, age 61, is employed as a food preparer, has…