In Re Marriage of Aylesworth

This is an appeal from a modification of an interlocutory judgment of dissolution of marriage originally entered in 1971. Petitioner, respondent and cross-appellant Nancy Lee Aylesworth (hereinafter Nancy) filed an order to show cause seeking inter alia modification of child and spousal support on December 20, 1976, and thereafter filed an amended order to show cause on April 7, 1977.

The trial court granted petitioner’s request, in part, and modified the interlocutory judgment of dissolution as follows; (1) The amount of child support was increased from $325 per month per child (for four children, totalling $1,300 monthly) to the sum of $900 per month per child (totalling $3,600 monthly); (2) Nancy’s former husband, John Banzley Aylesworth (hereinafter John), was ordered to pay private school tuition of $2,400 per year for one of the children.

While awarding petitioner attorney’s fees of $7,500, the court refused her request to modify the spousal support agreement.

Facts

The trial court found that John had a net worth of more than $1 million with a net income after taxes of approximately $22,500 per month. John stipulated that he had the ability to pay any reasonable…