In Re the Marriage of Aninger

Robert H. Aninger appeals from an order increasing his spousal and child support payments, dividing the proceeds of the sale of the family residence between him and his ex-wife and ordering him to pay the attorney’s fees of his ex-wife incurred in the proceeding.

We reverse the order as to the modification of spousal support and modify the award of attorney’s fees. In all other respects we affirm.

Facts and Proceedings Below

The Aningers’ marriage was dissolved in September 1984. The judgment of dissolution incorporated the terms of a marital settlement agreement between the parties covering support payments and sale of the family residence, among other things. As to support, the agreement called for Mr. Aninger to pay family support in the sum of $290 per week ($1,256 per month) from August 1984 through August 1989 and $174 per week ($753 per month) from September 1989 through June 1994 at which time the support would be reduced to zero with the court retaining jurisdiction over spousal support without any termination date. As to sale of the family residence, the agreement provided the residence would be listed for sale no later than June 1989. If Ms. Aninger elected…