Here, the stipulated judgment anticipated review of its maintenance award. Respondent's failure to rehabilitate within five years, as contemplated by the judgment, satisfies the requirement of changed circumstances. We affirm in part, reverse in part, and remand. In 1996, respondent sought permanent maintenance and attorney fees. Appellant, who did not request district court review of the referee's order, seeks review.
Respondent seeks attorney fees on appeal.
Absent a motion for a new trial, appellate review is limited to determining whether the evidence supports the findings of fact and whether the findings support the conclusions of law and the judgment. Whether to modify maintenance is discretionary with the district court. To modify temporary maintenance to permanent maintenance, the moving party must show a substantial change in circumstances and that the change renders the existing award unreasonable and unfair. Stipulated maintenance obligations are accorded deference in modification proceedings. Where, as here, a stipulated judgment refers to a possible future modification, the deference is not as great.