Jennifer Dunham–Pears v. Mark A. Pears (2011)

MEMORANDUM OF DECISION RE MOTIONS 225, 227, 230

The court does not find that the defendant established or proved cohabitation by the plaintiff and therefore alimony is not ceased.   There has been a substantial change of circumstances and therefore, the unallocated order of alimony and support is modified.   The defendant is working part-time and takes the position that on part-time income from three days of work that he has expenses which exceed his income by approximately $744.00 a week.   He has become part owner of several businesses and claims he invested/purchased some equipment within the past year.   The defendant's testimony regarding his earnings are not credible, but the court is persuaded that his income has been reduced due to the economic climate in Las Vegas.   Therefore, the defendant is ordered to pay unallocated alimony and child support in the amount of $2,000.00 a month commencing September 26, 2011.   There is an arrearage of $7,012.15 which was stipulated to by the parties.   The defendant is in violation of the orders but not in contempt of court.   The defendant is to pay the plaintiff the sum of $100.00 a month toward the arrearage commencing October 26, 2011.

ROBERT MALONE

SUPERIOR COURT JUDGE

Malone, Robert J., J.