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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I was divorced in 2004. Settlement to my wife was $2500 per

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I was divorced in 2004. Settlement to my wife was $2500 per month for 8 years (Michigan) . No young children involved. Paid every month up until me loosing my job in the auto industry in June of 2008. After a short while I stopped paying my ex wife, as my continued unemployment persisted up until now. My ex has been some what understanding with regard to me not paying her , although recently I have been sharing my unemployment check with her . We don't live together of course but keep friendly due to grand children etc. I'm am currently 61 years old and concluding that my chances of getting a job now are slim. QUESTION . Where do I stand with regard to my ex taking me to court over this lack of alimony payment etc. I could retire this year on my 62 birthday but fear for my saving etc - Thank you Graham
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.


Legally she does have the right to take you to court over breach of divorce decree and over contempt of court. The question is based on your trust and her understanding, as that is purely up to her. If she does take you to court, you will lose, and the courts will compel you to pay her the settlement until you are able to finish your obligation. However, you can try to claim that there was an unforeseen change to your personal situation and can therefore request a modification of the agreement--that, however, is up to the judge to either grant or not. If the $2,500 was spousal support and not a settlement, you have a greater chance of getting it lowered, but again, at the sole discretion of the judge.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 2:47 AM EST
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