Changing Alimony As Financial Circumstances Change – Spousal Support Legal Blogs Posted by Joseph C. Maya, Esq.

Applying for a subsequent change in maintenance awarded in a dissolution order

Under Connecticut law, if a party requests a post-judgment modification of the alimony awarded in a dissolution order, it must demonstrate that a material change in circumstances occurred after the order was made. Once a court of first instance finds that there has been a material change in the financial circumstances of one of the parties to a dissolution order, the same criteria that governed the original award of alimony apply to the question of the change. Because the determination of changed circumstances is a condition precedent to a party’s modification of alimony in a dissolution order, it is pertinent for the trial court to consider what new circumstances, if any, warrant a modification of the existing order; In such an investigation, the discretion of the trial court is essential.

If the amount of any original alimony payment was and continues to be sufficient to fulfill the purpose of the payment, whether that purpose was to maintain the sponsored spouse’s standard of living on a permanent basis at the level he or she had during the marriage, or provide too temporary support to allow the supported spouse to be self-supporting, an increase in the single dependent spouse’s income is not sufficient reason to change a support payment. If an original alimony claim in a dissolution order was insufficient to fulfill the underlying purpose of the claim, an increase in the supportive spouse’s salary may in and of itself justify an increase in the claim.

Generally, the trial court has no discretion to vary a maintenance claim when an increase in the sponsoring spouse’s income is the only change in circumstances; However, this is only a general rule and the court cases reserve the discretion to vary alimony payments in these circumstances if they determine that extraordinary circumstances exist.

In deciding whether a maintenance claim should be modified when the only change in circumstances was an increase in the dependent spouse’s income, the trial court may consider factors such as the length of the marriage, the cause of the divorce, age, status, professional skills and employability of the parties – factors allegedly taken into account by the court in determining the purpose and amount of the original maintenance claim and which have not changed since – only to the extent that the factors are instructive of the intent of the initial award; they should not be seen as grounds for changing the purpose of the original award.[1]

An increase in income alone does not justify a change in maintenance entitlement

In Dan v. Dan, approximately ten years after the plaintiff and defendant divorced, the plaintiff filed a motion to amend the established maintenance claim under Articles 46b-86 of the General Bylaws, alleging that the circumstances of the case had changed materially, because the defendant’s income had increased significantly and the plaintiff’s medical expenses had “skyrocketed”.

At the beginning of the taking of evidence on the application, the parties asserted that the circumstances had changed significantly because the defendant’s income had increased significantly. Thereafter, the trial court granted the plaintiff’s amendment and significantly increased the amount of child support that the defendant had to pay the plaintiff. The defendant appealed to the Court of Appeals, alleging that the trial court abused its discretion by increasing the amount of alimony, when the only change in circumstances was an increase in his income.

The Court of Appeals upheld the trial court’s decision to grant the application. The Connecticut Supreme Court subsequently granted the defendant’s request for certification to appeal to the court on the following question: Did the appellate court properly confirm that the trial court granted the plaintiff’s request for amendment due to a change in circumstances? The Court concluded that in the absence of certain exceptional circumstances, an increase in income alone does not justify a change in alimony.[2]

If you have questions regarding family law matters, please contact Joseph Maya at 203-221-3100 or email JMaya@MayaLaw.com.

[1] CGSA § 46b-86.

[2] and V. Dan, 315 conn. 1 (2014).

https://www.mayalaw.com/2019/04/15/modification-of-alimony-for-changed-financial-circumstances-2/