Toyama v. Toyama

TROUT, Justice.

This appeal determines whether a provision in a divorce decree allowing for the reduction of spousal support (maintenance) due to the payor spouse’s disability requires judicial approval prior to the abatement of payments.

I

BACKGROUND

The divorce decree dissolving the marriage between Roy and Barbara Toyama and dividing the community property (hereinafter the “Judgment”) was entered on February 9, 1983. The Judgment provided for the payment of permanent maintenance by Roy to Barbara in the amount of $2500 per month that increased automatically to $3500 per month in 1987. The…