Connecticut Supreme Court to Review Fraud Allegations in Alimony Case
A recent Connecticut case highlights issues surrounding alimony payments.

December 04, 2011 /24-7PressRelease/ -- The Connecticut Supreme Court recently announced that it will hear a fraud lawsuit by ex-NFL player and investment firm founder Bob Simms against his ex-wife's lawyers. According to a Wall Street Journal report, Simms accuses them of failing to disclose $360,000 Donna Simms inherited in the midst of a dispute over Mr. Simms' alimony obligation.

The Connecticut Appellate Court previously ruled that fraud claims against counsel were barred because of the immunity that shields judges and lawyers from civil liability based on representations made in court. The court reasoned that people should be allowed to speak freely at judicial proceedings without fear of retribution that may hinder the legal process.

Donna Simms' lawyers deny the allegations against them.

Bob and Donna Simms divorced in 1979 after 18 years of marriage. Mr. Simms agreed to pay alimony as part of their divorce settlement. Several disputes have arisen since 1989, when Mrs. Simms filed motions to increase the alimony while Mr. Simms asked the court to decrease or eliminate the payments.

Alimony is often a contentious topic for those divorcing in Connecticut. There are several different types of alimony, and Connecticut judges have a large amount of discretion in awarding it.

What is Alimony?

Alimony is a court ordered obligation for a husband or wife to make payments to the other spouse after divorce or separation. Alimony payments are paid by the chief provider during the marriage. Alimony in Connecticut is distinguishable from child support and property division because it is based on a statutory duty to support the other spouse until he or she may support themselves.

In petitioning for divorce, either party may ask the court to award alimony. While there is no statutory formula in assessing alimony, courts consider a number of factors in determining the amount and duration of support to be paid. Essentially, a court may award alimony if the petitioning spouse lacks sufficient property (including marital property awarded to the spouse) to provide for his or her reasonable needs considering the standard of living established during the marriage.

Alimony may be appropriate if a spouse is unable to provide adequate self-support through appropriate employment. Alimony also may be ordered in circumstances that make it difficult for one parent to seek outside employment, such as when one spouse cares for a disabled child full time. Courts also consider the age of the parties, any financial or educational sacrifices made for the benefit of the other spouse, as well as the parties' debts and liabilities.

Types of Alimony Payments

Depending on the circumstances, alimony could be paid as a lump sum payment or short-term award, or it can be a continuous obligation. Periodic (or lump sum) alimony helps financially distressed spouses maintain a reasonable standard of living until they may support themselves. Rehabilitative alimony may be awarded to a spouse who is working towards a degree or professional certification and is in need of temporary support. These awards are largely determined by the length of the marriage in addition to the factors previously described.

Courts have broad discretion in creating alimony obligations. Because there is no statutory formula for courts to follow, alimony awards are commonly contested. However, such awards may not be overturned on appeal unless it is found that the trial court abused its broad discretion in determining such awards.

A person seeking to overturn an alimony award must prove that the trial court's decision was clearly erroneous given the facts presented to the court. Trial courts are in a unique position to view the parties' testimony and temperament, which is why judges are allowed to use a substantial amount of discretion in making alimony awards.

Modification of Alimony

If a party's circumstances change, the court may modify alimony payments. For example, a spouse paying alimony may request a downward modification if the receiving spouse has a substantial increase in income. Likewise, the spouse receiving support may request an increase in support if the paying spouse's income increases.

Modifications may also be granted due to temporary hardships caused by illnesses, injuries and job losses. If the spouse receiving alimony loses his or her job or becomes ill, the court can impose a temporary increase in support. The spouse paying alimony has the same right to modification.

Alimony awards are inherently fact based. Because of this, careful consideration of the strengths and weaknesses of the case, as well as settlement possibilities, are important. If you have questions about alimony awards, an experienced family law attorney can advise you.

Press Release Contact Information:

FL Web Advantage