Warwick v. Warwick

Connecticut Superior Court

Warwick v. Warwick

490 A.2d 102, 40 Conn. Super. Ct. 250, 40 Conn. Supp. 250, 1985 Conn. Super. LEXIS 69

CourtConnecticut Superior Court

DecidedJanuary 23, 1985

DocketFile 25293

StatusPublished

Cited by1 cases

This text of 490 A.2d 102 (Warwick v. Warwick) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warwick v. Warwick, 490 A.2d 102, 40 Conn. Super. Ct. 250, 40 Conn. Supp. 250, 1985 Conn. Super. LEXIS 69 (Colo. Ct. App. 1985).

Pincite

Opinion

Allen, J.

On July 13,1976, judgment was rendered dissolving the marriage of the parties. The defendant was ordered to pay as alimony the sum of $400 per month, and has been paying that amount since the date of the judgment.

In 1979, Kenneth Olson moved in with the plaintiff and has been living with her ever since. The defendant seeks to modify the judgment to terminate the alimony payments pursuant to § 46b-86 of the General Statutes. That section provides: “In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the superior court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of *251 alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.”

The issue is whether the plaintiff is living with Olson under circumstances as to alter her financial needs. The evidence before the court showed that the plaintiff is paid $100 weekly by Olson for his food and other living expenses. Also, he performs handyman chores for her, including work in the house and on the grounds outside the house. During the summer of 1984 he built a deck on the plaintiffs house and charged nothing for his labor. His gross salary is approximately $20,000 per year.

The court believes there was sufficient evidence presented to indicate that this living arrangement has caused sufficient change of circumstances of the plaintiff as to alter her financial needs.

Accordingly, the court modifies the judgment and reduces the alimony payments to $200 per month.

Free access — add to your briefcase to read the full text and ask questions with AI

Allen, J.

On July 13,1976, judgment was rendered dissolving the marriage of the parties. The defendant was ordered to pay as alimony the sum of $400 per month, and has been paying that amount since the date of the judgment.

In 1979, Kenneth Olson moved in with the plaintiff and has been living with her ever since. The defendant seeks to modify the judgment to terminate the alimony payments pursuant to § 46b-86 of the General Statutes. That section provides: “In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the superior court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of *251 alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.”

The issue is whether the plaintiff is living with Olson under circumstances as to alter her financial needs. The evidence before the court showed that the plaintiff is paid $100 weekly by Olson for his food and other living expenses. Also, he performs handyman chores for her, including work in the house and on the grounds outside the house. During the summer of 1984 he built a deck on the plaintiffs house and charged nothing for his labor. His gross salary is approximately $20,000 per year.

The court believes there was sufficient evidence presented to indicate that this living arrangement has caused sufficient change of circumstances of the plaintiff as to alter her financial needs.

Accordingly, the court modifies the judgment and reduces the alimony payments to $200 per month.

Cite This Page — Counsel Stack

Bluebook (online)

490 A.2d 102, 40 Conn. Super. Ct. 250, 40 Conn. Supp. 250, 1985 Conn. Super. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warwick-v-warwick-connsuperct-1985.

Opinion

Related

Cite This Page — Counsel Stack