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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26351
Experience:  16 yrs. of experience including family law.
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I was ordered to pay alimony of 1000.00 Mo. to woman I was

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I was ordered to pay alimony of 1000.00 Mo. to woman I was married to ffor 3yrs 11mo. I am on 100% disability both military & SS. Is there anywhere I can get free legal to fight this? I cannot pay this amount, but if I don't they lock me up. HELP! Ken Grady
Submitted: 3 years ago.
Category: Family Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

$1000/mo is a lot for only 4 years marriage. Is there a limit on the alimony (does it expire in a few years) or is it permanent?

Did you have a lawyer for the divorce court? Did she?
Customer: replied 3 years ago.
Expires at age 65, I will be 70. Had a lawlyer but she was overruled every time she spoke.
Expert:  P. Simmons replied 3 years ago.
But how many years? How long till she is 65?
Customer: replied 3 years ago.
8yrs
Expert:  P. Simmons replied 3 years ago.
Thanks

That is quite a bit. Typically for a short term marriage (less than 10 years) the court may award year for year alimony...so I would not be surprised if they ordered alimony for 4 years...but 8 is quite a bit.

That said, the court has broad powers under the law...they can award alimony so long as is required to be "fair".

Your recourse is limited here.

If the court ordered 8 years, you can
1. File an appeal. You can appeal the original trial court ruling. If you can show that the court was not fair in its ruling, you may be able to get the appeals court to reduce or eliminate the alimony. There is a time limit here...typically you only have a month or so from the day the divorce court makes its ruling to file the appeal. But if the divorce just happened, you really should consider an appeal...again, it is not the norm to get 8 years alimony on a 4 year marriage.

2. File a new motion with the same court...but this is more difficult (not that an appeal would not be difficult) since you will need to show a change in circumstances to support a reduction of support. So, for example, if you can show that she is making more money now...or you are making less? That can be grounds to ask the court to change.

So you have options...but since trial court (the divorce court) has already ruled, your options are limited.


Sorry to have to bear bad news

Let me know if you have more questions.
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26351
Experience: 16 yrs. of experience including family law.
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