CT Courts Limit Considerations for Prior Support Modification
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Child Support Divorce & Family Law Family Law
Summary: Blog post about a case that involved a question of whether an ex-husband's increased income could be considered in a request to modify alimony.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
According to state law, an action for modification of child support and alimony may only consider changes in financial status that have occurred since a prior support modification.
The parties’ were married in New Jersey on December 14, 1968. On August 23, 1983, dissolution was granted on the grounds of intolerable cruelty by the defendant husband. The court ordered the husband to pay $3000 a month for child support and alimony. The defendant made several motions to reduce alimony, which was ultimately reduced to $2500 per month. In the case at hand, the defendant made a motion for modification to terminate alimony. At trial, earlier increases to the defendant's income , as well as abuse to the plaintiff, was introduced to evidence. The defendant appealed, arguing that issues from prior support modifications were improperly considered in the trial court’s latest judgment.
The Connecticut Supreme Court found for the defendant, and reversed the appellate court’s decision. The appellate court improperly considered prior issues, and should have only considered matters that transpired since the last modification was made. However, the role of the defendant's abuse as cause of the plaintiff's injury was allowed. Although these injuries were sustained prior to the initial dissolution, its subsequent effects were a continuing detriment to the plaintiff's financial well-being, and subject to the equitable powers of the court. Nevertheless, the defendant's increased income had been addressed in prior support modification hearings, and were improperly consolidated into the later motion.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Borkowski v. Borkowski, 638 A.2d 1060 ; 1994 Conn. LEXIS 64 (Conn. 1994).
