This case involves a 1979 divorce decree by the Orleans Superior Court and an award of alimony with payments scheduled to begin after emancipation of the parties’ children. Defendant appeals from the denial of his two-pronged motion, filed in 1985, for relief from judgment and for modification of the alimony order, and from the denial of his subsequent motion to amend findings. We affirm.
On appeal, defendant begins by questioning whether the original alimony order was void or voidable as a prospective award. If the order was not void or voidable, he argues, then the lower court erred in denying his motion to modify because, he alleges, plaintiff’s then-existing disability has abated. Defendant urges further that the court’s finding of continuing disability was erroneous, claiming that the finding had no proper basis in the record. Finally, defendant maintains that the court erred in refusing to hold a second evidentiary hearing before ruling on his motion to modify.
At the time of their divorce in 1979, plaintiff was receiving disability payments from the Social Security Administration, and defendant was earning about $9,000 a year in a food processing plant. Defendant was ordered to pay plaintiff $50 per week in child support until all of the parties’ seven children were emancipated, at which time the $50 payments would continue in the form of alimony. This scheme reflected the court’s conclusion that, in light of plaintiff’s disability and a history of abuse by defendant, “the defendant should continue to make payments to the plaintiff in the form of alimony to the extent that he is able to afford to do so after his obligation to make support payments for the minor children ceases.” No appeal of the court’s order was filed by either party.
The youngest of the parties’ children reached the age of eighteen in June of 1985. Defendant anticipated this event and the concommitant change in the nature of his payments by filing, in January of 1985, a motion for relief from judgment and, in the alternative, for modification of the alimony award. In his motion for relief, defendant claimed that the alimony award was beyond the jurisdiction of the trial court and void upon its face. His motion for modification alleged that the basis for the award, i.e., plaintiff’s disability, no longer existed. In March of the same year, plaintiff filed her own motion for modification, asking that the scheduled alimony payments be increased.
Despite a determination that defendant’s motion for relief was not timely, the court decided to consider its merits. After hearing all of the motions, the lower court made findings of fact and denied defendant’s motion for relief, concluding that the original order was neither void nor voidable because the award was for “delayed alimony” rather than “prospective alimony.” The court also denied both motions for modification, finding that plaintiff was still disabled and that the parties’ financial circumstances had not changed significantly. Defendant then filed a motion to amend the court’s findings and judgment to present additional testimony. This motion was also denied, and defendant brought the instant appeal.
We do not reach defendant’s arguments regarding the denial of his motion for relief because we affirm the lower court’s ruling on a more fundamental ground. This Court will affirm a judgment that is correct even if the lower court’s stated grounds may be erroneous.
Circus Studios, Ltd.
v.
Tufo,
Nor do we find error with respect to the lower court’s denial of defendant’s motion to modify. The party moving for modification of a maintenance order must prove, as a jurisdictional prerequisite, a real, substantial, and unanticipated change of circumstances.
Bullard
v.
Bullard,
Defendant maintains that the court erred in its determination that plaintiff’s disability had not abated. He begins by noting the trial court’s original finding of disability, made in 1979. “The plaintiff is now considered to be disabled, and she receives disability income . . . .” Defendant argues that the sole basis for this finding was plaintiff’s status as a disabled person in the eyes of the Social Security Administration. Citing
Hayes
v.
Hayes,
In
Hayes,
this Court stated that “a court considering modification . . . should take the findings of the court that issued the original order and compare or contrast them with whatever findings it has made about the parties’ circumstances since the original order. It is permissible for the modification court to make explicit reference to the original court’s findings if appropriate, but it should not ordinarily take evidence of or make independent findings concerning events that transpired prior to the divorce decree.”
Id.
at 337-38,
Defendant questions the modification court’s finding of disability, however, arguing that it was founded only upon plaintiffs appearance in the courtroom and that it had no proper foundation in the record. While it is true that the court referred to plaintiffs appearance, its finding of disability is otherwise well-supported by the evidence presented at the hearing. Plaintiff testified that she had lost one eye from cancer, that radiation therapy had resulted in severe memory problems and in significant hearing loss, and that she was now physically unable to perform jobs that she had previously held. The court’s remark regarding its observations of plaintiff in the courtroom and her difficulty on the witness stand was merely an allusion to the apparent credibility of her testimony on this issue. Findings of fact will withstand challenges on review where, taking the evidence in the light most favorable to the prevailing party and excluding effects of modifying evidence, they are not clearly erroneous.
Brouha
v.
Postman,
Defendant also complains of the modification court’s findings regarding the parties’ financial situations, contending that they are irrelevant and beyond the court’s jurisdiction. Assuming, without deciding, that this is true, we note that unessential findings do not provide grounds for reversal even where those findings are incorrect.
Greenberg
v.
Hadwen,
Finally, defendant urges that he did not intend the hearing on the motions to be an evidentiary hearing on the merits of the modification question; instead, defendant argues, he wished only to establish the jurisdictional facts required for the court to consider his motion. We observe first that a party’s intentions regarding the nature of a hearing are not controlling. The court scheduled and held a hearing on the motions, and defendant should have taken the opportunity to present whatever evidence he could muster in support of his position. Defendant argues that the court erred in using the March, 1985 hearing to take evidence regarding the parties’ situations when the alimony payments were not scheduled to begin until June, 1985. He maintains that evidence of his ability to pay alimony in June and evidence of plain tiffs disabled status in June was not available in March. But the court was merely responding to motions to modify filed by both parties. If circumstances had not yet changed, then the motions were ill-advised; if, on the other hand, defendant could demonstrate a real and substantial change of circumstances in June or at some later date, then he would have another opportunity to seek modification of the alimony order. We find no error in the lower court’s disposition of the motions.
Affirmed.
