Fernand Richard v. Linda Richard (2010)

MEMORANDUM OF DECISION

The plaintiff (husband) moved to modify downward the order of alimony contained in the judgment entered on July 17, 2005.   The order was in the amount of $225 weekly and was to terminate only upon the death of either party or the wife's remarriage.   Other assets were more or less evenly divided between the parties in their approximately forty and one-half-year marriage.

In July 2007, the plaintiff moved for a modification of alimony citing his retirement on September 1, 2007 upon which he would receive $1,517 per month in social security, plus a small pension of $14.00 weekly.   In 2007, Judge Shluger denied his motion to modify finding he had no medical reason not to work, even only part time, in addition the plaintiff had $201,000 in liquid assets while the defendant had none.

In order to consider a modification of alimony, there must be a substantial change in circumstances occurring since the most recent proceeding on the issue.  Borkowski v. Borkowski, 228 Conn. 729, 735-36 (1994).

If a substantial change is found the Court may then go on to consider the provisions of Connecticut General Statutes § 46b-82 which include the length of the marriage, the age, health, station, amount and sources of income, vocational skills, estate and needs of the parties, as those factors apply since the date of the last alimony order.   The Court may consider assets of the parties, even if those assets were part of the original distribution of property orders.  Sims v. Sims, 283 Conn. 494, 505 (2007).

In this case alimony was last considered in 2007.   At that time the husband's financial affidavit showed a net weekly income of $393.   In 2010, his net weekly income had risen to $413.   His total weekly expenses decreased in that same period from $1,203 to $823 (although he had a couple of credit card debts now totaling about $2,100).   In 2007 he had liquid assets of more than $200,000 and about $6,000 in motor vehicle equity.   In 2010, the equity in his motor vehicles had risen to $12,500 and his liquid assets were about $178,500.

By comparison, the wife's net weekly income was $430 in 2007 and $447 today.   Her income comes from social security and the $225 alimony payment.   She now has over $28,000 in credit card debt.   Her debt in 2007 was not determined in her 2007 financial affidavit.   In 2007 her largest asset was a mobile home ($142,000), her savings were modest about $3,000 in bank accounts.   In 2010, her mobile home was valued at $73,000 and her bank accounts were about $330.

The Court cannot find there has been a substantial change in circumstances in the financial picture of these parties.

While there is some reduction in the liquid asset value of the husband, his income has increased to balance that.   The wife has accumulated more debt while enjoying a modest increase in income.

Their finances are not expected to improve very much.   The husband aged 68 has health issues which prevent him from doing manual labor, which is essentially the work he made his income from.   The wife, age, 66, is disabled and had two hospitalizations since 2007.   She can barely manage financially and like her ex-husband, has no prospect for improvement.

In any event the income picture for both parties is about what can be expected.   It has not substantially changed since 2007.

Therefore the motion to modify is denied.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.