The respondent sought to terminate his spousal support obligations of $1,500/month, which he had been paying since 2011.
The applicant opposed the motion, asserting that her health issues and past cancer diagnosis prevented her from becoming self-sufficient.
The court found the applicant's evidence regarding her health and efforts to gain employment unreliable and inconsistent with medical records.
The court determined that the spousal support provisions in the 2011 Separation Agreement were subject to review without requiring a material change in circumstances.
Even if a material change was required, the applicant's failure to pursue her immigration consultant career as initially planned and her subsequent decision to pursue a law career, without sufficient explanation for the delays, constituted a material change.
The court granted the respondent's motion, ordering a step-down of spousal support to $1,000/month as of December 1, 2021, to $500/month as of June 1, 2022, and its termination on December 1, 2022.
