Law Lessons from CARLOS A. DONET V. DONNA MARIE DONET, App. Div., A-1948-08T3, November 5, 2009:

The purpose of an alimony award is “to assist the supported spouse in achieving a lifestyle that is reasonably comparable” to the marital standard of living. Crews v. Crews, 164 N.J. 11, 16 (2000). The court has the power to modify an alimony award based on changed circumstances. Lepis v. Lepis, 83 N.J. 139, 146 (1980); see also N.J.S.A. 2A:34-23 (providing that support orders “may be revised and altered by the court from time to time as circumstances may require”). Since the goal of an alimony award is to enable the dependent spouse to maintain the standard of living the parties enjoyed while married, that standard serves as the “touchstone” for adjudicating motions to modify the alimony award. Glass v. Glass, 366 N.J. Super. 357, 370-71 (App. Div.), certif. denied, 180 N.J. 354 (2004).

The support award will be decreased to the extent it is unnecessary to maintain the standard of living of the dependent spouse. Lepis v. Lepis, supra, 83 N.J. at 152-53. Thus, a significant improvement in the financial circumstances of the dependent spouse is a changed circumstance warranting reconsideration of a support award. Glass v. Glass, supra, 366 N.J. Super. at 371 (stating that “‘a significant change for the better in the circumstances of the dependent spouse,’ [] may obviate the need for continued support” (citation omitted)). However, the change must be “significant” and not a “modest” increase in income. Id. at 379.

The burden is on the litigant seeking a modification of the support award to first make a prima facie showing of changed circumstances. Crews v. Crews, supra, 164 N.J. at 28. Once a prima facie showing has been made, the court may order any necessary discovery and conduct a plenary hearing to resolve any questions of fact. Lepis v. Lepis, supra, 83 N.J. at 157-59. Whether to modify an alimony award based on changed circumstances rests in the sound discretion of the family court. Larbig v. Larbig, 384 N.J. Super. 17, 21 (App. Div. 2006).

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