Legal Opinion
Herring v. Herring, Jr.
Supreme Court of Vermont
Decided May 5, 2011No. 2010-017PublishedCited by 4 opinions
1Opinion of the CourtDooley, J.
¶ 1. Husband Lee Herring, pro se, appeals from the family court’s denial of his motion to terminate spousal maintenance to wife Kimberlee Herring. Serving a post-divorce prison sentence for sexual assaults against his daughter, husband no longer has a source of income. The family court held that his incarceration was not an “unanticipated change of circumstances” justifying modification under 15 Y.S.A. § 758 because incarceration was a foreseeable consequence of his crimes. For the reasons set forth below, we reverse.
¶2. The couple divorced on April 8, 2008. The divorce decree required…
2Cases cited10 opinions
- State v. WinterSupreme Court of Vermont · 1994
- Lambertz v. LambertzSouth Dakota Supreme Court · 1985
- Meyer v. MeyerSupreme Court of Vermont · 2001
- State v. HerringSupreme Court of Vermont · 2010
- Taylor v. TaylorSupreme Court of Vermont · 2003
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3Cited by4 opinions
- LaMothe v. LeBlancSupreme Court of Vermont · 2013
- Kathleen Zink v. Bryan ZinkSupreme Court of Vermont · 2016
- Atherton v. AthertonSupreme Court of Vermont · 2019
- Herring v. Herring, Jr.Supreme Court of Vermont · 2011