|Filed Apr. 27, 1993|
Albert R. Weidner, Plaintiff and Appellant
Carol Jean Fradet, f/k/a Carol Jean Weidner, Defendant and Appellee
Civil No. 920281
Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Lawrence A. Leclerc, Judge.
Opinion of the Court by Neumann, Justice.
C. Charles Chinquist (argued), P.O. Box 1466, Fargo, ND 58107-1466, for plaintiff and appellant.
Leslie Deborah Johnson (argued), 17 South 8th Street, Fargo, ND 58103, for defendant and appellee.
Weidner v. Fradet
Albert R. Weidner appeals from an order entered by the District Court for Cass County denying his motion to modify spousal support. We affirm pursuant to Rule 35.1(a)(2), (4), and (7), N.D.R.App.P. See Burrell v. Burrell, 359 N.W.2d 381, 384 (N.D. 1985)(temporary decreases in income do not justify a reduction in support payments); Lipp v. Lipp, 355 N.W.2d 817, 819 (N.D. 1984)(a court should not penalize a former spouse for initiative and remove incentive for self-betterment by reducing a support award); Huffman v. Huffman, 477 N.W.2d 594, 596 (N.D. 1991)(a court should be more reluctant to modify an original divorce decree based upon an agreement between the parties rather than a court's findings); Weir v. Weir, 374 N.W.2d 858, 862-64 (N.D. 1985)(the court should attempt to provide an equitable sharing of the overall reduction in the parties' separate standards of living).
William A. Neumann
Beryl J. Levine
Herbert L. Meschke
Dale V. Sandstrom
Gerald W. VandeWalle, C.J.