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HERRING v. HERRING

No. 10-017.

24 A.3d 574 (2011)

2011 VT 38

Kimberlee J. HERRING v. Lee K. HERRING, Jr.

Supreme Court of Vermont.

May 5, 2011.

Attorney(s) appearing for the Case

Kimberlee Herring , Pro Se, Brattleboro, Plaintiff-Appellee.

Lee K. Herring, Jr. , Pro Se, Springfield, Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. Husband Lee Herring, pro se, appeals from the family court's denial of his motion to terminate spousal maintenance to wife Kimberlee Herring. Serving a post-divorce prison sentence for sexual assaults against his daughter, husband no longer has a source of income. The family court held that his incarceration was not an "unanticipated change of circumstances" justifying modification under 15 V.S.A. § 758 because incarceration was a foreseeable...

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