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Attorney & Mediator
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What are the chances of modifying a divorce decree, i.e., ...

Resolved Question:

What are the chances of modifying a divorce decree, i.e., alimony payments, 10 years after the date of the decree?
I''ve been faithfully living up to the decree, paying $2,000 per month and now wondering if this amount can be decreased. I do not know the current situation of my X – financial or martial. We live in different states and have no communications.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
What is the state that issued the support orders?
Customer: replied 8 years ago.
State that issued the support order: Oregon
Expert:  Attorney & Mediator replied 8 years ago.
Modification can only be allowed when there is a showing of a substantial and unanticipated change in circumstances. This means a showing of the following:

Such changes may include changes in employment, disability, illness, remarriage or cohabitation.

Unfortunately mere passage of time without a showing of change in circumstances is difficult to modify the order.

Further if your divorce orders say that alimony is non-modifiable then you are not able to modify it regardless of a showing of a change in circumstances.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Customer: replied 8 years ago.
Reply to LawNinvest's Post: Please clarify. The divorce decree does not say "non-modifiable" but does use the statement "permanent spousal support" - are these the same?

Also, regarding “substantial and unanticipated change in circumstances. This means a showing of the following: Such changes may include changes in employment, disability, illness, remarriage or cohabitation”

Does this (cahnges in marriage or cohabitation) refer only to the party receiving spousal support, or the party providing it as well?

Al
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply Al:

In general permanent spousal support continues until one of the parties dies or the recipient remarried. A permanent spousal support is subject to modification unless the divorce decree clearly says it is non modifiable. A non modifiable order means that even if the recipient remarries or cohabit ates, you cannot seek a reduction or termination of support. So no they are not the same.

The changes of cohabitation or remarriage would apply to the recipient of the support. The disability or unemployment would apply to you, if you are no longer able to financially pay her support.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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