In Re Marriage of Rome

Richard and Naomi Rome were married for over 32 years. Incident to an interlocutory judgment of dissolution of marriage they stipulated to spousal support in the amount of $1,000 per month. Approximately three months thereafter Richard sought a reduction solely on the basis of having lost his job. After a hearing, spousal support was reduced to $100 per month. This reduction was predicated entirely on Richard’s change of circumstances. In addition, the court established a sliding scale of future spousal support payments to Naomi commensurate with future increases in Richard’s income. The court did not allow attorneys’ fees to Naomi. She has appealed, objecting to the reduction, the schedule for future payments, and the denial of fees.

At the time of the interlocutory judgment Richard had been a successful commission salesman of a specialty product for the same firm for many years, grossing approximately $50,000 per year. He was terminated on July 26. The order to show cause re modification was heard on October 4. At that time, his income, for the most part unemployment compensation, was $483 per month.

According to Richard, and his testimony was undisputed, he was fired…