The following is an alimony modification case.
The substantial change of circumstances necessary to modify an alimony award must bear on either the payee spouse’s need for alimony or the payor spouse’s ability to pay it.
When the payee spouse’s need decreases significantly, alimony should ordinarily be modified downward even if the payor spouse has ample ability to pay the original amount. However, the fact that the income of the spouse receiving alimony has increased will not necessarily justify modification of the award. A variety of factors must be considered.
The court’s ultimate decision is reviewed under the abuse of discretion standard.
The comparison of a party’s expenses and income with the amount of alimony is an important consideration.
The former wife’s pre-alimony income increased by sixty-three percent, but the trial court denied modification. This was error, so the denial of downward modification is reversed and remanded.
Read More: Wood-v-Blunck