Zook v. Zook

More than forty years ago we announced the doctrine in Stevens v. Stevens, 31 Colo. 188, 72 Pac. 1061, that the court has continuing jurisdiction of the payment of alimony and may modify decrees relative to the same "as the changed circumstances of the parties may render necessary and just." And we have held: "It is settled law that awarding alimony and fixing the amount thereof rests in the sound discretion of the trial court, and, unless it is made to appear that there has been an abuse of discretion, its judgment will not be disturbed." Rodgers v. Rodgers, 102 Colo. 94, 96, 76 P.2d 1104. In the case at bar, plaintiff had an annual income of approximately $3,120.00 -- $1,620.00 from teaching school and $1,500.00 from defendant. Defendant was in the automobile tire and repair business. He did that kind of work under contract for the government during the war, but at the time of the trial of this case these contracts had expired. While his income apparently had been around $2,000.00 per month, what it would be in the future by reason of the transition to peacetime operations was problematical. It is claimed that he had accumulated an estate of $131,000.00. These figures are disputed. Defendant has been married twice since plaintiff secured her decree of divorce from him, and in the meantime their son has become of age. The court had authority to modify the former decree and enter an order that defendant pay plaintiff such sum as alimony, payable in the future, as the changed circumstances of the parties "may render necessary and just."