Arthur Stockmann v. Suzanne Stockmann (2010)

MEMORKNDUM OF DECISION RE PLAINTIFF'S MOTION TO MODIFY CODED 130

Many of the facts that give rise to this motion are not in dispute.   The court issued an order on October 8, 1997 which at the present time requires the plaintiff to pay to the defendant $2,500 per month alimony.   The plaintiff now seeks to reduce the amount of alimony.   The motion to modify erroneously alleges an increase in the plaintiff's income and a decrease in the defendant's income in which the parties were reversed and the claim is that there has a substantial decrease in the plaintiff's income and a substantial increase in the defendant's income.   At the time of dissolution the plaintiff had gross weekly income of $2,115 less deductions.   At the time of dissolution the defendant had gross weekly income of $1,420 less deductions.   At the present time the defendant has gross weekly income of $250 less deductions.   At the present time the plaintiff is unemployed and has gross weekly unemployment compensation of $544 less deductions plus some contract work grossing $38.46 per week.   The parties are in dispute as to the period of time to be used to determine the plaintiff's income.   His employment terminated effective February 17, 2009.   He received three months severance pay to May 17, 2009.   He has been on unemployment compensation since May of 2009.   His unemployment compensation commenced in April of 2009.   In January of 2009, he purchased a timeshare in St. Kitts for a total of $44,000-$22,000 from his income and $22,000 from his current wife's income.   This motion to modify was served on the defendant on April 20, 2009.   For the purpose of deciding the motion to modify the court is looking at the financial circumstances of the parties as of that date.   The plaintiff's income for the period ending February 28, 2009 was $108,611.34.   The court finds that as of April 20, 2009 there was not a substantial change of circumstances and therefore the motion to modify is denied.

Sidney Axelrod, Judge Trial Referee

Axelrod, Sidney, J.T.R.