Barbara M. MacDonald v. William M. MacDonald (2011)

MEMORANDUM OF DECISION RE MOTION FOR MODIFICATION OF ALIMONY–POSTJUDGMENT (# 140.00)

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, 638 A.2d 1060 (1994).   If a substantial change is found, the court may then go on to consider the provisions of 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 also consider the assets of the parties, even if those assets were part of the original distribution of property orders.  Sims v. Sims, 283 Conn. 494, 505, 927 A.2d 894 (2007).

In the present case, the court finds that there has been a substantial change in circumstances since the marriage of the parties was dissolved on November 6, 2008.   On or about March 30, 2010, the defendant was terminated from his employment at IBM. After considering the provisions of § 46b–82, in addition to the assets of the defendant and the defendant's earning capacity, the defendant's motion for modification of alimony is GRANTED and the alimony is reduced to $500 per week as of the hearing date.

The parties shall exchange their federal and state tax returns upon their filing.

Marano, J.

Marano, Richard M., J.