Metcalf v. Metcalf

Kenneth Metcalf (plaintiff) was ordered in his 1999 divorce from Rita Jo Metcalf (defendant) to pay $2,000 per month in alimony for 120 months. Six years later, Kenneth sought a reduction, citing his lower salary and Rita's higher salary; the trial court denied that motion, and Kenneth didn't appeal. Two months later, Kenneth filed a second motion for reduction. By the second hearing, both parties were experiencing financial difficulty: Kenneth couldn't afford health insurance, had cashed in his retirement account, and had filed for bankruptcy, while Rita had entered business ventures relying on the alimony payments. The trial court considered only the two months between the first denial and the second motion, found no material change in that window, and denied the second motion; the court of appeals affirmed.