In Re Marriage of Lautsbaugh

Appellant Steve D. Lautsbaugh (husband) appeals from a postjudgment order of the family law court modifying a spousal support award in favor of respondent Carol Lautsbaugh (wife). Husband contends the family law court erred when it found the expected termination of child support upon graduation of the children from high school constituted a material change of circumstances justifying an increase in spousal support. We agree and reverse.

Facts and Procedural Background

The parties were married for 20 years and were divorced in uncontested proceedings in 1992. There are two children of the marriage: Shelley, bom November 21, 1976, and Kevin, born February 23, 1979. Husband was ordered to pay child support to wife in the amount of $325 per child per month until the child graduated from high school. Husband was also ordered to pay wife spousal support in the amount of $489 per month until November 30, 1997. The family law court retained jurisdiction to extend the period of spousal support. Kevin, the youngest child, graduated from high school in June 1997.

On June 3, 1997, wife filed an order to show cause requesting an increase in spousal support, based on the change of…