In re the Marriage of Fletcher

BREITHAUPT, J. pro tempore,

dissenting.

For the reasons set out below, I respectfully dissent.

FIRST ASSIGNMENT OF ERROR

In his first assignment of error, husband contends that the trial court erred in refusing to consider evidence he offered, in the form of his own testimony and deposition testimony of wife, as to the purpose of the prior award of spousal support. That testimony would have been to the effect that a major purpose, if not the sole purpose, of the award of spousal support was to permit wife to not have to work while she had primary custody of the parties’ child. Husband wished to…