Buzzard v. Buzzard
A court can find that a substantial change in circumstances exists, as a result of one party's permanent and total disability. In December 2009, the parties signed a separation contract and divorced. A court awarded the wife alimony of $1 per year. In March 2013, the plaintiff wife moved to modify alimony and provided notice to the defendant husband via publication. The defendant husband did not appear at the court hearing on the motion to modify alimony. The plaintiff maintained that she has become permanently and totally disabled and that her income has been reduced from earnings of $782 net per week to Social Security disability pay of $386 per week. The plaintiff established that there was a substantial change in circumstances and that the 2009 court judgment did not mention the termination of alimony, even if the plaintiff re-married. The court ordered the defendant husband to pay alimony of $200 per week.