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Alimony Modification

Representing the Husband.  Defending against an increase in alimony.  The parties with three children were divorced after 23 years of marriage.  The Husband re-married.    Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment.  Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband’s income had increased substantially since the divorce.   Husband’s income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife’s income had increased as well, and her financial circumstances improved.   The matter proceeded to trial.  After trial, the court found that Wife’s expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage.  Wife’s counsel was repeatedly prevented over objection by Husband’s counsel from introducing evidence and testimony during the course of trial.  Wife’s complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

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