Pagano v. Hunt
Pagano v. Hunt
Opinion of the Court
This is an appeal from an order reducing alimony in a marital dissolution modification proceeding. The parties dissolved their marriage in 1989. In 1997, the former wife filed a contempt motion for failure to pay ordered permanent alimony of $1,400 per month, and the former husband responded with a modification petition. The trial court determined that the former husband could not afford to pay alimony of $1,400 per month and reduced the obligation to $700.
When the original alimony of $1,400 per month was ordered the former husband had an annual income of approximately $32,000. At the time of the con-tempVmodification proceedings, his annual income had grown to approximately $50,-000. At the hearing, it was also brought out that the former husband, if he desired, could begin drawing on retirement benefits from a former employer in the amount of $613 per month.
This change in circumstances did not warrant a modification of the former husband’s alimony obligation. The former husband’s debt to the former wife, now reduced to judgment, is not a reason to reduce the current alimony obligation. The trial court did not order immediate payment on the arrearage and, in any event, courts, as a rule, should not reward those who choose not to follow their decrees. The former husband is, admittedly, liable to the IRS for over $38,000, a sum which he will have to work on paying back to the government. Given, however, that (1) the former wife still needs the support; (2) the former husband has an income of $50,000, which is 50% higher than the income he had when the original alimony amount was established; and (3) the former husband could draw on a pension to give him an additional $600 a month in income; the former husband failed to show the change in circumstances necessary to justify a modification of the final judgment. The portion of the trial court’s order reducing the former husband’s alimony obligation is reversed.
REVERSED IN PART; REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.