Opinion
No. FA 98-0719602 S
March 1, 2006
MEMORANDUM OF DECISION ON MOTION FOR MODIFICATION, POSTJUDGMENT (#146, 6/15/04)
Alimony may be modified "upon a showing of substantial change in the circumstances of either party." The order may be continued, set aside, altered or modified. This also includes the suspension of payments. General Statutes § 46b-86(a). Grosso v. Grosso, 59 Conn.App. 628, cert. denied, 254 Conn. 938 (2000).
Parties may agree at the time of dissolution to restrict the basis on which alimony may be modified. The parties' marriage was dissolved, by Agreement, on January 18, 2000. Both parties were represented by counsel. The terms of that Agreement, relevant to this motion read, in pertinent part:
ARTICLE IV — ALIMONY
4.1 The Husband shall pay periodic alimony to the Wife in the amount of Thirty-Eight Thousand and Five-Hundred ($38,500) Dollars per year in equal weekly payments of Seven-Hundred, Forty and 39/100 ($740.39) Dollars by way of direct deposit to the Wife's designated bank account . . . Said periodic alimony shall terminate upon the first of the following events to occur:
a.) The death of either party;
b.) The remarriage of the Wife . . .
4.3 Said alimony pursuant to Paragraph 4.1 shall be non-modifiable as to amount through July 1, 2004 (the date immediately following the minor child Mia's graduating from high school), except and unless the Husband is unable to work full time for either medical or psychiatric conditions . . . The Court shall maintain jurisdiction over this Paragraph 4.3 for modification purposes.
4.4 After July 1, 2004, the amount of said alimony pursuant to Paragraph 4.1 shall be modifiable pursuant to the law and pursuant to the following terms and conditions:
4.4.1. The Wife may receive income from all sources (excluding child support and alimony) for any calendar year up to $40,000 (forty thousand dollars), and such income shall not be considered a change in circumstances or used in any way to calculate an increase in the Wife's income for purposes of modification of alimony . . .
4.4.3. The Husband may receive income from all sources for any calendar year up to $175,000, and such income shall not be considered or used in any way to calculate an increase in the Husband's income for purposes of any modification of alimony.
At the time of the Agreement, on his Financial Affidavit, the defendant reported gross annual income, from his profession as a lawyer, of approximately $115,000.
The defendant's weekly gross income, from his profession as a lawyer, on his financial affidavit presented at the modification hearing is $1,188. This weekly amount is reported by the defendant as an average over the last 21 months since he left his employment in Connecticut to start a practice in Oregon. The decrease in income was not proven to be other than due to the defendant's voluntary decision to leave the State of Connecticut, where he had practiced law as a respected professional for decades, and relocate to the State of Oregon, the home of his new wife, and her three children. That relocation (and the burden he assumed of assisting in the support of his dependant new wife and her three children) has been financially difficult. However, the voluntary relocation with apparently, its financial repercussions, cannot support, under either the Divorce Agreement or applicable Connecticut law, a permanent modification at this time. In recognition of the defendant's building his Oregon practice, a temporary alimony modification shall enter as follows: alimony payable at $463/week and the court defers for 24 months its decision on whether (a) The balance of $277/week shall accrue or (b) the modification shall be retroactive to the date of the hearing on 2/10/06.
Attorneys Fees and Contempt Continuing Purge
With respect to the Court's finding the defendant in Contempt, February 10, 2006, the Court grants plaintiff counsel's request for attorneys fees of $1,042.50, ordered paid by defendant. That payment is to be made, in full, on or before 3/31/06. March 31, 2006, is a previously ordered court date; defendant is excused from appearing on that date if he is in compliance with the weekly order of $463/week and payment of attorneys fees.