Case Details
In this case, the plaintiff wife and defendant husband were the parents of three minor children and divorced in May 1999. Over the course of the next seven years, the parties stipulated to various modification agreements and amendments, which included one provision that the husband would pay the wife $8,000 per month in unallocated alimony and child support. In August 2006, the wife wished to relocate to North Carolina with the children and the parties entered a stipulation agreement.
However, in October 2007, the husband sought a post-judgment motion to modify the unallocated alimony and child support by half. He argued that the wife had a substantial change in circumstances, since she had lower mortgage payments on her home in North Carolina. The husband further argued that one of their minor children had reached the age of majority, so the wife had one less child to support on a daily basis.
The Court’s Decision
The court considered the financial affidavits of both parties and declined to find any significant change in income or expenses. It noted that lower mortgage rates on their own are insufficient to support a finding of a substantial change in circumstances, but agreed that modification was warranted because their eldest son was now an adult attending college. Therefore, the court reduced the unallocated alimony and child support payment to $7,000 per month.
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