The moving party sought to vary longstanding child and spousal support obligations arising from a 1999 family support order, alleging inability to pay due to reduced income and deteriorating health.
The responding parties and the bankruptcy trustee also pursued relief alleging fraudulent conveyances of real property intended to defeat support and tax creditors.
The court found extensive credibility problems and repeated contradictions in the moving party’s affidavits and testimony, but nevertheless accepted that support should be varied in part based on the child’s age, schooling status, the recipient’s remarriage, and some later evidence of health deterioration.
The court terminated spousal support effective December 31, 2002, varied child support for later periods, and terminated child support on June 30, 2013.
The fraudulent conveyance claim was dismissed because, although the initial transfer bore badges of fraud, the later transfer to the brother and his co-purchaser was for valuable consideration, in good faith, and without the requisite knowledge.
