Robert Wayne Lambert v. Leslie M. Lambert--Appeal from 70th District Court of Ector County

Opinion filed October 18, 2007

In The

Eleventh Court of Appeals

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 No. 11-06-00215-CV

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 ROBERT WAYNE LAMBERT, Appellant

V.

LESLIE M. LAMBERT, Appellee

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause No. A-117,830

M E M O R A N D U M O P I N I O N

Robert Wayne Lambert and Leslie M. Lambert were divorced on February 9, 2005. Robert appeals from the trial court=s order denying his motion to modify the divorce decree. We affirm.

In his sole issue on appeal, Robert argues that the trial court erred in denying his motion to modify the divorce decree. In the divorce decree, the trial court found that Leslie was Apermanently incapacitated because of mental disease or defect.@ The trial court ordered Robert to pay $350 per month for an indefinite period in spousal maintenance. In his motion to modify, Robert alleged that Leslie had procured gainful employment rendering the order for spousal support unworkable. Tex. Fam. Code Ann. ' 8.051(2)(A) (Vernon 2006) allows a trial court to award spousal maintenance when the spouse seeking maintenance lacks sufficient property to provide for minimum reasonable needs and the spouse is Aunable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability.@ Tex. Fam. Code Ann. ' 8.054(b) (Vernon 2006) contains the following language:

If a spouse seeking maintenance is unable to support himself or herself through appropriate employment because the spouse has an incapacitating physical or mental disability . . . the court may order maintenance for as long as the disability continues.

Robert must prove a material and substantial change in circumstances to modify the trial court=s order for indefinite spousal maintenance. Tex. Fam. Code Ann. ' 8.057(c) (Vernon 2006); Crane v. Crane, 188 S.W.3d 276, 280 (Tex. App.CFort Worth 2006, pet. den=d).

At the hearing on Robert=s motion to modify, Leslie testified that she works for Kelly Services. Leslie testified that she has no control over how many hours she works and that she works when needed. Leslie testified that she does not work full-time and that she is unable to work full-time due to her mental condition.

Dr. Roddy Marlene Strobel testified that she has been treating Leslie since 1999. Dr. Strobel stated that Leslie has been diagnosed with major depressive disorder, post-traumatic stress disorder, and a history of dissociative episodes. Dr. Strobel and Leslie discussed Leslie seeking employment, and Dr. Strobel did not feel Leslie was capable of full-time employment. Dr. Strobel testified that, after Leslie began working, she became more depressed and angry. Dr. Strobel testified that any outside source of stress and pressure causes Leslie=s mental condition to worsen. Dr. Strobel testified that Leslie is incapable of full-time employment.

Robert has not shown a material and substantial change in circumstances to modify the trial court=s order for spousal maintenance based upon Leslie=s mental incapacity. The record shows that Leslie continues to suffer from mental illness preventing her full-time employment. The trial court did not abuse its discretion in denying his motion to modify. Robert=s sole issue on appeal is overruled.

The judgment of the trial court is affirmed.

JIM R. WRIGHT

October 18, 2007 CHIEF JUSTICE

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.