Although Not Directly Raised, Appellate Court Entertained Out Of Equity Based On Husband’s Financial Change.
In In re Shepherd, Case No. H039876 (6th Dist. Apr. 21, 2016) (unpublished), ex-husband and ex-wife in a highly contentious dissolution proceeding had spent about $700,000 between the both of them along the way. This appeal involved ex-husband successfully challenging a refusal to grant him spousal support modification when his financial situation had changed because he owed repayment of some hefty employer-brokerage company loans. The trial judge had essentially left husband destitute from the spousal support orders. The reversal of the spousal support order also necessitated overturning a $14,000 fee award to wife despite the fact that husband may not have challenged it directly. The appellate court believed this was the fair thing to do, review the fee award and reverse it based on husband’s change in financial situation.