In a Decision – S.O. v. M.O. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that when Husband’s Income went down $35,000 (from $200,000.00) and Wife’s income went up $22,000.00 (from $30,000.00) Husband presented a prima facie material change and that Husband had not violated a legal duty to seek more lucrative employment since husband had no control over the employer’s change in its bonus. The Appellate Division ordered a remand for a closer review of the parties’ expenses.
The Family Court initially granted Husband’s request but reinstated the full sum after finding that former wife had not been aware of the motion. The parties had two minor children when they divorced in 2003 and husband was earning $200,000 a year while wife was earning $30,000. Husband agreed to permanent alimony of $55,000 annually. In 2014, husband filed for modification because his salary had decreased, and his wife’s income had increased, and her expenses had decreased.