Neel v. Neel

OWEN, Chief Judge.

The issue here is whether there is a substantial change of circumstances such as will justify increasing an alimony and child support award when the wife and minor children, awarded the use of the jointly owned marital domicile, are deprived of that use by the husband’s post-dissolution suit for partition.

The final judgment of divorce awarded the wife and minor children the use of the jointly owned marital domicile “until same shall be disposed of by sale, partition suit or otherwise”, during which time the appellant-husband was required to keep the *515mortgage payments, taxes…