Carlton v. Carlton Carlton v. Carlton

Carlton v. Carlton

217 Kan. 681, 538 P.2d 727, KS.0042200(1975)

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This is an appeal from an order terminating alimony payments to the appellant, Mary J. Carlton. On May 7, 1970, the parties ended a twenty-two year marriage by divorce. The district court ordered an equal division of the property awarding property valued at $49,141 to each. The decree further provided for alimony payments to the appellant-wife of $250 per month until her remarriage or the death of either party. The appellee-husband regularly made such payments until January 15, 1974, when he filed a motion for their termination. On March 18, 1974, the district court terminated said payments effective after February 28, 1974, on the basis that it would not be fair, equitable, or just in light of the circumstances as they exist at this time for defendant to . . . continue the alimony payments. Appellant claims error in three respects on this appeal. These center around the finding by the trial court that circumstances had changed so as to justify the termination of alimony and the sufficiency of the evidence to support that finding. The purpose of alimony is to provide for the future support of the divorced spouse. (Drummond v. Drummond, 209 Kan. 86, 495 P.2d 994; Herzmark v. Herzmark, 199 Kan. 48, 427 P.2d 465.) The amount thereof is to be based upon the needs of one party and the ability of the other party to pay. (Baumgardner v. Baumgardner, 207 Kan. 66, 483 P.2d 1084; Cool v. Cool, 203 Kan. 749, 457 P.2d 60.) A change of circumstances may justify a reduction of alimony. (Blair v. Blair, 210 Kan. 156, 499 P.2d 546.) An examination of the record discloses substantial evidence of a change of circumstances. The role of this court is not that of a trier of fact. We are required to accept the evidence which is most favorable to the [217 Kan. 682]

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