When dealing with presumptions in determining alimony, the opponent of the presumed evidentiary fact (here, that defendant, who is receiving Social Security, is unemployable) must offer proof that is clear and convincing in refuting that fact; here, plaintiff did refute the presumption through medical evidence, and although defendant testified in response, based on all of the evidence defendant is still capable of full-time, light duty employment, and the amount of alimony is reduced.
April 25, 2005 at 12:00 AM
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