In Re Marriage of Ilas

Mr. Ilas, former husband of the former Mrs. Ilas, appeals from the trial court’s denial of his motion to modify child and spousal support and related orders.

I. Facts

The parties were married in July 1974, and separated in September 1986. They have two children, now ages 16 and 15. The parties were divorced as of January 23, 1988, by a judgment filed in May 1988. At the time of divorce, the husband, then age 39, was earning $3,250 a month as a pharmacist. The former wife, then age 37, was unemployed.

The parties agreed that Mr. Ilas would pay child support totalling $378 per month per child until each child reached age 18; that he would pay spousal support of $682 per month until the former wife’s remarriage, death or further order of the court; and that he would maintain the children on his medical, hospitalization and dental plans as long as they were eligible for those plans.

The primary asset of the parties was the family home. They agreed that it should be sold and the proceeds held in an attorney’s trust account until distribution was ordered. The home eventually sold on July 30, 1990, for $390,000. Net proceeds due to the sellers were $352,691.05.

On June 5, 1990, Mr.…