Clark v. Clark

Interlocutory decree of divorce directed defendant husband to pay alimony and child support. Within six months, he moved to modify the decree by eliminating the provision for alimony. His motion was denied, and he appeals.

Defendant is a real estate salesman. His earnings are wholly from commissions. His testimony was that while his income had averaged nearly $5,500 per year for five years before the decree, it had fallen to a total of $440 in the five months preceding hearing upon his motion. He contends that the trial court acted arbitrarily in refusing to recognize that this decrease in…