Colleen O’Brien

The applicant brought a motion to change a 2011 consent order that provided for time-limited spousal support, arguing that her deteriorating physical and mental health constituted a material change in circumstances.

The court found that the applicant's severe health issues, including PTSD and schizoaffective disorder, prevented her from achieving self-sufficiency and were not contemplated at the time of the original order.

The court varied the order to extend spousal support for an additional 13 years at $2,100 per month, but dismissed the applicant's alternative claim to set aside the original agreement on grounds of unconscionability and duress.

The parties separated in 2008 and have two children, one of whom has severe autism requiring constant care.

The mother sought sole custody, retroactive child and spousal support, and exclusive possession of the matrimonial home.

The father, who had been unemployed or underemployed since 2010, sought joint custody, equal parenting time, and the sale of the home.

The court granted the mother sole custody and exclusive possession of the home, finding the father's behavior abusive and controlling.

The court imputed an income of $100,000 to the father due to his intentional unemployment and ordered retroactive child and spousal support commencing July 1, 2012.