Marriage of Hale v. Hale

GARY M. GAERTNER, Presiding Judge.

Appellant appeals from the trial court’s order dismissing with prejudice his motion to modify the parties’ divorce decree. Appellant’s motion contained two separate counts. We reverse the trial court’s dismissal of Count I and affirm the court’s dismissal of Count II, remanding the case for further proceedings.

Appellant, Thomas 0. Hale, and respondent, Lulu Mae Hale (Birden), were divorced by a decree of the Madison County Circuit Court on November 1, 1973. Respondent was awarded custody of the couple’s two minor children, child support to-talling thirty…