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Experience:  Attorney & Certified Mediator
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I have been divorced for about 4 1/2 years. I was with/married

Customer Question

I have been divorced for about 4 1/2 years. I was with/married to my ex husband for 24 years total. (20 married, 4 cohabitating). He was in an affair for 8 months, and I found out and sued for divorce. At the time I had met another man and thought we would be marrying within a year or so. Not wanting to lose my settlement, I asked for "non-contingent" alimony for five years, which would give me a settlement until 2/11. I also received the family home, 1/2 of his 401K (my 80,000.00 401K disappeared before the divorce) and all his assets as part owner in his family business were removed, he was down-graded to a manager instead of a co-owner. We settled on an alimony and child support figure similar but not equal to what he was earning and bringing in. With careful budgeting I made it work for 4 years. Now my daughter has 2 more years of high school can't afford to keep her without it, and need advice. _
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
My question is, how likely am I to be able to win a suit against him to continue alimony for me, for three more years?

That depends on the specific terms of your alimony agreement. If it states alimony is not subject to modification (non-modifiable) then you don't have a strong case. The court allows both parties to freely and voluntarily agree to such terms. The court will not modify an agreement that was entered freely and competently by you unless the agreement permits modification. You accepted the five years voluntarily. A divorce judgment is considered final unless you can show you were not of right mind or were coerced into such an agreement against your will. Based on the information provided, that does not appear to be the case.

Now if there is no restriction regarding modification, then you can file based on changes in circumstances requiring more support. If you are not able to live on your own without his support, it is possible. Again it would depend on what restrictions there are in terms of modification.

As to healthcare, that ends upon agreement. It is not subject to modification as spousal support.






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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Attention lawNinvest:

 

Dear Counselor,

 

now that my alimony has officially ended, in February, I am receiving 1300.00 in child support, my ex husband, and still only about 600.00 from my own sales as an artist. My daughter, 17, is still at home and will live with me next year, her Senior year, and probably for at least her 1st year in college. We are living in the house I won with the divorce, I am trying to keep it until the equity goes back up, otherwise I would be negative and owe money on it,

Since he is no longer paying me the 4200.00 in alimony, only child support (due to end in May 2012, when she graduates) it would be assumable that his income has gone up dramatically. Is Child support based of off income? Would it be possible to sue him for more child support? I have problems with fibromyalgia, chronic fatigue, and arthritis. I do work from home but my sales are on consignment so I am not guaranteed a set amount every month. I plan to file for disability, which if I am approved would be approx. 1300.00 a month. Would I have to audit him to show his income, if I were to sue for more child support? I have very limited savings in case of emergency, and half my 401k which I hope to keep because of the penalties from withdrawing it early.

Because he is self-employed he has probably reduced his income because it's not necessary for him to make 7 or 8000.00 a month now, but I know that he has access to more than the amount he is giving me, and as I said, we were married for 20 years...I would just like to feel secure for the next three years, so that my daughter can stay with me while she goes to college.

Thank you for our advice. Diane

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