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A modification of the wife’s supplemental bonus alimony was proper where a transfer of sole physical custody of the parties’ three minor children changed from the mother to the father.
The dissolution judgment between the plaintiff and defendant ordered that the plaintiff have sole physical custody of the parties’ three children, and that the defendant pay the plaintiff support and supplemental bonus alimony based on a percentage of his annual employment bonus.
On October 16, 2011, the defendant filed a motion seeking modification of custody and visitation. The defendant alleged that the plaintiff had been arrested for driving under the influence of alcohol on October 12, 2011. The request was granted, transferring sole physical custody of the three children to the defendant. On November 16, 2011, the defendant filed the motion to modify the unallocated support and supplemental bonus alimony awards at issue. The defendant alleged a substantial change in circumstances had occurred from the change in custody.
The court rendered judgment granting the motion to modify, thereby reducing alimony from 9600 to 7400 per month, and eliminating child support obligations and the supplemental bonus alimony award in its entirely.
The trial court acted within its discretion in modifying the supplemental bonus alimony award on the basis of the transfer to the defendant of the sole physical custody of the parties’ children: the change in the physical custody of the children was an appropriate factor for the court to consider in determining whether a substantial change in circumstances had occurred that warranted the modification of the alimony order; furthermore, the court’s determination of whether a substantial change in circumstances had occurred and its determination to modify alimony were not two completely separate inquiries, as the evidence introduced in support of the substantial change in circumstances naturally came into play in the court’s structuring of the financial orders.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Coury v. Coury, 128 A.3d 517’530 (Conn. App. Ct. 2015).
