Karen Abrams Malkin v. Reed Lynn Malkin

This appeal involves an obligor’s petition to modify or terminate his alimony obligation due to his retirement. The trial court found that the obligor’s income had decreased to approximately one-third of his previous income level, so the trial court reduced the alimony payments by a corresponding percentage, to roughly one-third of the previous obligation. The recipient appeals. We hold that the trial court applied an incorrect legal standard when considering the petition to modify and also erred in its factual findings. Based on our review of the evidence, the obligor failed to demonstrate that modification of his alimony obligation was warranted. Consequently, we reverse the trial court’s decision, reinstate the previous alimony award, dismiss the petition for modification, and remand for further proceedings.