Cara Mocarski v. Ronald Mocarski (2011)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO MODIFY ALIMONY

Pursuant to its Dissolution Decree entered in January 2008, the defendant is obligated to pay the plaintiff life time alimony of $2,725.00 per month based upon an annual salary of $104,000.   The defendant now seeks to modify the alimony of $2,725. per month although his salary of $104,000 remains the same.

Section 46b–86(a) C.G.S. provides in substance that the court may modify alimony upon a showing of a substantial change in circumstance subsequent to the earlier order.

The traditional purpose of alimony is to meet one's continuing obligation to support a former wife.   To avoid re-visiting matters in a modification proceedings the payor is only allowed to present evidence concerning circumstance occurring subsequent to prior order.   Thus, alimony decree may only be modified upon proof of a substantial change in circumstances since the original decree was granted.

The initial decree is not to be disturbed unless the moving party has met the burden of proving a change in circumstances.   The moving party is expected to prove there has been a substantial change in circumstances demonstrating that continued operation of the original order would be unfair and improper.   Section 35.28, Connecticut Family Law Practice.

The Court finds that the defendant's salary of $104,000 has not changed.

The court further finds as reflected in the defendant's financial affidavit that the cash value of his assets is $609,748.

Based upon the evidence and applicable rules of law, the court finds that the defendant has not sustained his burden of proof warranting a modification of alimony since the original decree.   The Motion to Modify Alimony is denied.

Judge John C. Flanagan

Flanagan, John C., J.T.R.