Opinion
No. FA 97-034 37 21 S
October 12, 2004
MEMORANDUM OF DECISION PLAINTIFF'S MOTION FOR MODIFICATION OF ALIMONY
Evidence on this motion was presented by counsel for the parties on September 24 and September 27, 2004. At the conclusion of evidence this court ruled that the plaintiff had met his burden of proving a substantial change of circumstance sufficient to warrant a downward modification of alimony. Specifically, the court found that the plaintiff, who is sixty-five years old, was diagnosed with rectal cancer in February of 2004. Mr. Jones has undergone treatment consisting of chemotherapy, radiation and was operated on in July 2004. He now has a colostomy, reduced stamina, takes numerous medications and is uncertain about his future health. Consequently, he retired as the president of the family business, and is no longer employed. As a result, he has incurred a significant drop of income, which constitutes a substantial change in circumstances since the last modification in 2002.
On October 6, 2004, the parties presented arguments concerning the amount of modification to be ordered. "Once a trial court determines that there has been a substantial change in the financial circumstances of one of the parties, the same criteria that determine an initial award of alimony and support are relevant to the question of modification. These require the court to consider, without limitation, the needs and financial resources of each of the parties as well as such factors as health, age and station in life. In making its determination of the applicability of these criteria, the trial court has broad discretion." Hardisty v. Hardisty, 183 Conn. 253, 258, 439 A.2d 307 (1981) (internal citations omitted).
Based on the credible evidence presented at the hearing, the application of the statutory criteria, particularly Connecticut General Statutes §§ 46-86 and 46b-82, as well as a review of the pertinent case law the court issues the following orders:
1) Alimony is reduced to $2,000 per month, retroactive to September 1, 2004.
2) The plaintiff is to pay the alimony due for the months of September and October 2004, no later than October 20, 2004.
3) The court orders the plaintiff to provide the defendant with notice of any bonuses, consulting fees or income of whatever source received from Neumade Products within two weeks of receipt.
4) The parties will exchange copies of tax returns, W2 forms, 1099 forms and all tax schedules no later than May 1st of each year, commencing May 1, 2005, for the next five years.
BY THE COURT,
CAROL A. WOLVEN, J.