Reduction of Alimony

Attorney Michael Franklin represented a client who is a salesman and was required to pay $742.00 per week plus 20% of all gross income earned over $180,000.00 per year as alimony to his ex-wife. His base pay was $180,000.00 per year. He lost his employment and obtained new employment with a base pay of $130,000.00 per year. The client sought to reduce his alimony obligation based on his reduction in his base pay.  A Complaint to modify his alimony obligation was filed and thereafter, the recipient of the alimony, his ex-wife lost her employment and her income in the amount of $55,000.00 per year. The defense argued there was no change in circumstances that justified a reduction in my client’s alimony obligation because although my client’s base pay was reduced, he actually earned more annually than when the Judgment was originally issued. This was true. Further, since the ex-wife lost her income, there was certainly no basis to reduce his alimony obligation. Wife obtained new employment earning $600.00 per week. Attorney Franklin argued that more income should be attributed to the wife based on her skills and experience. The Court agreed and reduced the client’s weekly alimony obligation by $118.25 per week to $623.75 per week. The Court still required my client to pay 20%  of any gross income he earned over $180,000.00 per year as additional alimony to his ex-wife.