Mary Louise Nichols v. Duane Guy Nichols

Summary

The West Virginia Supreme Court reversed a circuit court order increasing a divorced husband's child support and alimony obligations, holding the trial court abused its discretion because the wife failed to demonstrate a change of circumstances sufficient to justify the increase. The court reasoned that the husband's 7% salary increase was expressly anticipated by the parties when they entered the 1974 property settlement agreement, and that apart from the inflationary spiral there was no change of circumstances not contemplated by the original agreement. While acknowledging the trial court's continuing jurisdiction to modify support and alimony upon a proper showing, the court found no such showing was made and remanded for further proceedings.