Herndon v. Herndon

305 N.W.2d 917 (1981)

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Nature of the Case

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Facts

H and W were divorced after 17 years of marriage. They accumulated property in excess of $200,000, and H was trained as a chiropractor. The trial court divided the property and awarded W custody of the two children with support payments of $250 per child per month and $600 per month in alimony. A college trust fund of $20,000 per child was established with H contributing $26,000 and W contributing $14,000. One year after the decree, H petitioned for a termination of alimony and a reduction in child support. H claimed that severe osteoarthritic changes to both of his thumbs required surgery and that he would be disabled from his profession for one year. The court left the child support alone but reduced alimony to W to $250 per month. Neither party appealed. A few years later, H applied for more changes. Evidence showed that there was no change in the condition of H's hands and that he had maintained his practice until it was sold in 1979. The trial court did not find changed circumstances, and H appealed.