The trial court in the attached case misconstrued the pleadings, and denied a petition for modification of alimony based upon the wrong legal standard. When modification of an existing order of support is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same. Also, courts of equity have broad jurisdiction to do equity, despite the specific prayers for relief, so a technical misstatement of the prayer for relief should not be seen as voiding the allegations, proofs and arguments made.
Read More: Ellisen-v-Ellisen