Cathy Lakeland Allen v. John Fox Allen, Jr.

This is a petition to modify alimony. In the parties’ divorce decree, the husband was ordered to pay the wife alimony in futuro based in part on the wife’s chronic, incurable health condition. About six years later, the husband filed this petition to reduce or terminate his alimony obligation, arguing that (1) the wife’s health condition had not declined as was originally anticipated, and (2) his income had decreased and the wife’s income had increased. The trial court denied the husband’s petition, concluding that a material change in circumstances had not occurred. The husband now appeals.  We affirm, concluding that the trial court did not err in finding that the husband did not prove a material change in circumstances and in denying his petition to modify his alimony obligation.