Carter v. Carter

584 P.2d 904 (1978)

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Legal Analysis

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

H and W had been married in 1945, and thus, at the time of the divorce in 1976, the marriage had endured for 31 years. H had worked for the U.S. Steel for almost 30 years, and his yearly salary was about $18,000, and he also had a Veteran's pension of $300 per month. W was unemployed, though she was qualified to follow her former vocation as a school teacher. W was awarded alimony of $275 per month while she lived in the family home and until it was sold, and thereafter $350 per month. Ten months later, H petitioned to have the $350 per month alimony eliminated. W had become employed as a school teacher at a monthly salary of $636.27, and that because of that, together with other fixed income of about $150 per month, she has adequate income for her support and that therefore alimony should be eliminated entirely. The court reduced the payments to $100 per month and H appealed.

Issues

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Holding & Decision

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