Spousal Support / Alimony Modification

SUPERIOR COURT OF CONNECTICUT

FAMILY DIVISION

JUDICIAL DISTRICT OF [____________] AT [____________]

Docket No.: [____________________]

Date: [__/__/____]

MOTION TO MODIFY ALIMONY (POST-JUDGMENT), AFFIDAVIT, AND PROPOSED ORDER

(Conn. Gen. Stat. § 46b-86)

TABLE OF CONTENTS

1. Jurisdiction and Venue
2. The Existing Order
3. Modifiability of the Award
4. Statutory Standard for Modification
5. Substantial Change in Circumstances (Grounds)
6. Cohabitation / Termination Events
7. Relief Requested
8. Financial Affidavit
9. Affidavit and Certifications of Movant
10. Prayer for Relief
11. Proposed Order
12. Signature and Verification
13. Certificate of Service
14. Exhibits

1. JURISDICTION AND VENUE

1.1 This Court entered the judgment of dissolution of marriage (or legal separation) in this matter and retains continuing jurisdiction to modify orders for the periodic payment of alimony under Conn. Gen. Stat. § 46b-86.

1.2 Venue in the Judicial District of [____________] is proper because [the judgment was rendered here / a party resides here].

1.3 The Movant is the [Plaintiff/Petitioner ☐ Defendant/Respondent ☐] and is the [Obligor (payor) ☐ Obligee (recipient) ☐] under the existing alimony order.

2. THE EXISTING ORDER

2.1 On [__/__/____], the Court entered a judgment that ordered [the Obligor] to pay periodic alimony to [the Obligee] in the amount of $[____________] per [week ☐ month ☐].

2.2 The alimony is payable for [a term ending __/__/____ ☐ an indefinite/open duration ☐ until a terminating event ☐].

2.3 At the time of the existing order, the Obligor's gross [weekly/annual] income was approximately $[____________] and the Obligee's was approximately $[____________].

2.4 A copy of the relevant judgment and any subsequent modification order(s) is attached as Exhibit A.

3. MODIFIABILITY OF THE AWARD

3.1 Under Conn. Gen. Stat. § 46b-86(a), a final order for the periodic payment of alimony may be modified "[u]nless and to the extent that the decree precludes modification."

3.2 The existing order [does NOT preclude modification ☐ contains the following limitation on modification: [________________________________] ☐].

3.3 No order for periodic alimony may be modified retroactively, except that the Court may modify with respect to any period during which a motion for modification is pending, from the date of service of notice of the motion upon the opposing party pursuant to Conn. Gen. Stat. § 52-50.

4. STATUTORY STANDARD FOR MODIFICATION

4.1 Under Conn. Gen. Stat. § 46b-86(a), the Court may continue, set aside, alter, or modify a final order for periodic alimony "upon a showing of a substantial change in the circumstances of either party."

4.2 If the Court finds that a substantial change in circumstances of either party has occurred, the Court shall determine what modification of alimony, if any, is appropriate, considering the criteria set forth in Conn. Gen. Stat. § 46b-82 (including the length of the marriage; the causes for the dissolution; the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs of each party; and the award, if any, of property under § 46b-81).

5. SUBSTANTIAL CHANGE IN CIRCUMSTANCES (GROUNDS)

5.1 A substantial change in circumstances has occurred since the existing order. The Movant relies on the following ground(s):

☐ Obligor's income decreased. The Obligor's [weekly/annual] income has decreased from $[____________] to $[____________] due to [involuntary job loss / reduction in hours / business decline / disability / other: ____________].

☐ Obligor's income increased. The Obligor's [weekly/annual] income has increased from $[____________] to $[____________].

☐ Obligee's income/need changed. The Obligee's [weekly/annual] income has changed from $[____________] to $[____________], and/or the Obligee's reasonable needs have [increased ☐ decreased ☐] because [____________].

☐ Retirement. The Obligor has retired / reached customary retirement age (age [____]) in good faith, materially reducing income.

☐ Disability or serious illness of [Obligor ☐ Obligee ☐], as documented in Exhibit [____].

☐ Other substantial change: [________________________________].

5.2 The changed circumstances are ongoing and not temporary, and were [not contemplated ☐ contemplated but not specified as non-modifiable ☐] at the time of the judgment.

6. COHABITATION / TERMINATION EVENTS

6.1 ☐ Cohabitation (Conn. Gen. Stat. § 46b-86(b)). The Obligee is living with another person under circumstances that alter the Obligee's financial needs, warranting suspension, reduction, or termination of alimony. Specifically: [the Obligee has resided with [name/description] since [__/__/____]; the living arrangement has reduced the Obligee's expenses / increased the Obligee's resources as follows: ____________].

6.2 ☐ Agreement-defined terminating event. The judgment provides that alimony is modified, suspended, reduced, or terminated upon [________________________________], and that event has occurred. The Court shall enforce that provision per § 46b-86(b).

6.3 ☐ Remarriage / death. Alimony [terminates ☐ is subject to modification ☐] under the judgment upon the [remarriage of the Obligee ☐ death of either party ☐], which event occurred on [__/__/____].

7. RELIEF REQUESTED

The Movant requests that the Court:

☐ DECREASE alimony to $[____________] per [week/month], effective [__/__/____].

☐ INCREASE alimony to $[____________] per [week/month], effective [__/__/____].

☐ SUSPEND alimony effective [__/__/____] pending [____________].

☐ TERMINATE alimony effective [__/__/____].

☐ Order such other relief as law and equity require, including allocation of fees and costs.

8. FINANCIAL AFFIDAVIT

8.1 A current, sworn Financial Affidavit (Judicial Branch Form JD-FM-6) reflecting the Movant's present income, expenses, assets, and liabilities is filed contemporaneously with this Motion and is incorporated by reference.

8.2 The Movant requests that the opposing party be ordered to file a current Financial Affidavit.

9. AFFIDAVIT AND CERTIFICATIONS OF MOVANT

I, [____________________], being duly sworn, depose and state:

9.1 I am the Movant and have personal knowledge of the facts stated in this Motion.

9.2 The factual statements in this Motion and in my Financial Affidavit are true and complete to the best of my knowledge and belief.

9.3 This Motion is not filed to harass, delay, or unduly burden the opposing party.

10. PRAYER FOR RELIEF

WHEREFORE, the Movant respectfully requests that this Court:

A. Find that a substantial change in circumstances has occurred under Conn. Gen. Stat. § 46b-86(a), and/or that cohabitation under § 46b-86(b) altering the Obligee's financial needs has been shown;

B. Modify, suspend, reduce, increase, or terminate the periodic alimony order as set forth in Section 7;

C. Make any modification effective from the date of service of this Motion to the extent permitted by § 46b-86(a); and

D. Grant such further relief as the Court deems just.

11. PROPOSED ORDER

It is hereby ORDERED that the alimony order entered [__/__/____] is [modified ☐ suspended ☐ terminated ☐] as follows: [________________________________], effective [__/__/____]. All other provisions of the prior orders not inconsistent herewith remain in full force and effect.

BY THE COURT:

_______________________________ Date: [__/__/____]
Judge / Family Support Magistrate

12. SIGNATURE AND VERIFICATION

I declare under penalty of false statement (Conn. Gen. Stat. § 53a-157b) that the foregoing is true and correct.

_______________________________ Date: [__/__/____]
[Movant Signature]
[Printed Name]

State of Connecticut )
) ss. [____________]
County of [________] )

Subscribed and sworn to before me this [____] day of [____________], [____].

_______________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]

Prepared by:
_______________________________
[Attorney Name], Esq. | Juris No. [______]
[Firm Name] | [Address] | Tel: [____________]

13. CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion, Financial Affidavit, and Exhibits was delivered or mailed to the opposing party (or counsel of record) at the address below in compliance with Conn. Practice Book §§ 10-12 and 25-5 on [__/__/____]:

[Opposing Party / Attorney]
[Address]

_______________________________
[Movant / Attorney]

14. EXHIBITS

• Exhibit A – Judgment of dissolution and any modification order(s)
• Exhibit B – Movant's Financial Affidavit (JD-FM-6)
• Exhibit C – Proof of income (recent paystubs / W-2s / tax returns)
• Exhibit D – Documentation of changed circumstances (e.g., termination letter, medical records, cohabitation evidence)

Sources and References

• Conn. Gen. Stat. § 46b-86 — Modification of alimony or support orders and judgments: https://law.justia.com/codes/connecticut/title-46b/chapter-815j/section-46b-86-formerly-sec-46-54/
• Conn. Gen. Stat. § 46b-82 — Alimony criteria: https://www.cga.ct.gov/current/pub/chap_815j.htm
• Connecticut Judicial Branch family forms (Motion for Modification JD-FM-174; Financial Affidavit JD-FM-6): https://jud.ct.gov/webforms/

This template is intended for use by, or under the supervision of, a licensed Connecticut attorney. Review all facts, exhibits, and local rules before filing.