Foley v. Foley

SABERS, Justice.

Husband appeals trial court finding that original decree awarded alimony and determination that alimony award be modified.

Facta

Robert (Husband) and Judith (Wife) Foley were divorced in 1981. In 1987, Wife petitioned the trial court1 for modification of the alimony award. Husband contended that the periodic payments awarded to Wife under the 1981 divorce decree were not alimony, and if such payments were alimony, no change of circumstances had occurred to justify modification.

The trial court determined that the peri-odie payments were, in part, alimony and that Wife had proven…