Harrod v. Harrod

Harrod v. Harrod is an October, 2022, unpublished Court of Appeals opinion, reversing the family court’s reduction of Wife’s alimony.

In Harrod, Husband filed an action in the family court seeking to reduce his alimony obligation.  Husband alleged three substantial changes of circumstances.  At trial, the family court reduced Wife’s alimony from $1,600 to $1,100 per month retroactive to the month of filing.  She hired me to appeal.

The Court of Appeals reversed the family court’s alimony reduction and remanded the matter back to the family court to consider an award of attorney’s fees to Wife. The Court of Appeals found that of the three changes of circumstances Husband alleged, none were both marital and an actual change.

The Court of Appeals found Wife’s move to Mexico “does not constitute an unanticipated substantial and material change in circumstance.” Wife had already been living in Mexico part-time at the time of the parties’ divorce and Husband never established how her living in Mexico was material to the alimony obligation.

The Court of Appeals also found Wife’s increased rental income was not a substantial change of circumstance. The initial alimony award anticipated Wife having rental income and that rental income had not increased substantially since the initial award.

Finally, Husband had asserted his income had decreased since alimony was initially awarded. The Court of Appeals noted that his income had actually increased.  Because Husband failed to establish that any of his alleged changes of circumstances were both factually accurate and material, the Court of Appeals reversed the family court’s alimony reduction and remanded the matter back to the family court to reconsider Wife’s requests for fees.