Castle v. Castle

I dissent in part and would modify to grant only partial summary judgment to the plaintiff in the amount of $35,000, and remand for a hearing with respect to the remaining $7,500, and further to grant the defendant a hearing on his request for a downward modification of alimony based on the change of circumstances, effective with the time of his request for affirmative relief. The parties were divorced in 1970, and pursuant to that judgment the plaintiff received the sum of $2,500 per month for her support and that of the three children of the marriage. It is undisputed that he paid the…