In the Matter Lyon
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Respondent-wife Kimberly Lyon (now McConnell) appealed a circuit court order granting summary judgment to petitioner-husband John Lyon, and denying her petition to bring forward and modify alimony. On appeal, she argued that the trial court applied the wrong standard to her petition by requiring her to show a substantial change of circumstances. She contended that to prevail on her petition, she must show that she has a continuing need for alimony and that the Husband has a continuing ability to pay. Although the Supreme Court agreed with Wife that the "substantial change of circumstances" test was not the correct one to apply to her petition, the Court disagreed with the standard that she articulated on appeal. Because the trial court did not apply the correct standard when it ruled on Wife's petition, the Court vacated and remanded the case for further proceedings.
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