Zink v. ZinkAnnotate this Case
Husband Bryan Zink appealed a trial court order denying his request to modify his spousal maintenance obligation and granting wife’s motion to enforce. He argued that the court erred in finding an absence of changed circumstances, and in finding that wife did not agree to accept reduced payments in satisfaction of past spousal maintenance obligations. After review, the Supreme Court reversed and remanded. To the extent that the trial court found that husband had failed to prove that wife had agreed to a permanent prospective modification of his spousal maintenance obligation, that finding was supported by the record. The Court did not read the trial court’s decision as addressing the question of whether, when, and to what extent, wife may have forfeited her ability to collect retroactive support payments that would have been due under the divorce order as a result of agreement, waiver, or equitable estoppel. On remand, in connection with wife’s claim for spousal maintenance arrearages, the trial court was mandated to address these questions.