Summary
In Pack, the trial court entered an alimony order that stated in relevant part that "after four years from the date of the decree, if the defendant is employed or is receiving benefits from unemployment payments, other labor related sources or Social Security, the plaintiff's periodic alimony payments shall be reduced to $125 per week."
Summary of this case from Demartino v. DemartinoOpinion
Argued February 7, 1980 —
Decision released April 1, 1980
Action for dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Fairfield at Bridgeport, where the defendant filed a cross complaint for a separation, and for other relief; the issues were tried to the court, Tedesco, J.; judgment dissolving the marriage, from which the plaintiff appealed and the defendant cross appealed to this court. No error.
Stewart I. Edelstein, with whom, on the brief, was Richard L. Albrecht, for the appellant-appellee (plaintiff).
Robert A. Slavitt, with whom, on the brief, was A.D. Slavitt, for the appellee-appellant (defendant).
In its judgment dissolving the marriage the trial court entered certain alimony orders including an order that after four years from the date of the decree, if the defendant is employed or is receiving benefits from unemployment payments, other labor related sources or Social Security, the plaintiff's periodic alimony payments shall be reduced to $125 per week. In his appeal the plaintiff claims that the trial court abused its discretion in entering a future order without any evidence of the future financial circumstances of the party. This claim is without merit. The trial court had sufficient financial information before it upon which to base both its present and future alimony orders. In the event of a substantial change of circumstances both present and future alimony orders are ordinarily subject to modification. General Statutes 46b-86. Sanchione v. Sanchione, 173 Conn. 397, 404, 378 A.2d 522 (1977).
The original memorandum of decision, but not the judgment, omitted a statement dissolving the marriage. The omission has been corrected by an amended memorandum of decision made part of the record.
The defendant has not pursued her cross-appeal because the issues raised therein have become moot.