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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience:  JD, 17 years legal experience including family law
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i receive alimony upon my exs retirement can he take me back

Resolved Question:

i receive alimony upon my ex's retirement can he take me back for modification also if settlement agreement states stops upon death or remarriage nothing indicating ceases upon retirement can it be stopped upon retirement
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My goal is to provide you with excellent service. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 1 year ago.

Hello again, Denise.

Under NJ law, unless a decree states otherwise, an order of alimony can typically be modified under various circumstances including:

  • Substantial involuntary decrease to your income
  • Failure of a business
  • Substantial increase to your spouse's income
  • Significant decrease to your overall total compensation package
  • Recent retirement from your profession
  • Spouse who has recently been remarried
  • Major health problem that impairs earning ability
  • Increases in the cost of living

Here is a link that provides this and additional information on the issue of modification:

 

http://www.weinbergerlawgroup.com/divorce-legal-separation/post-divorce-issues/alimony-modifications.aspx

 

Of course, if a spouse retires for the purpose of attempting to avoid alimony payments, that would not typically be a valid reason for a court to modify the order, but otherwise the order could be modified if it does not indicate that is not modifiable normally.

 

 

 

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

 

 

 

Customer: replied 1 year ago.

can it be terminated upon retirement if not stated in agreement, agreement states upon death or remarriage

Expert:  Tina replied 1 year ago.
Hello again,

Yes, modification may be permitted normally unless the agreement/decree itself states that it is not modifiable, even where it states other reasons why it may be subject to modification. The failure to state a reason for modification does not exclude that reason for modification typically.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/




Customer: replied 1 year ago.

modification is to decrease , i'm asking if it could be terminated ceased upon retirement

Expert:  Tina replied 1 year ago.
Hello again,

Modifying the order could result in a complete termination of support depending on the circumstances, but it would usually be decreased not terminated altogether upon retirement.
Customer: replied 1 year ago.

i live ss disabilty & alimony,upon retirement heowns home rental income one fully vested pension another vesting pension substantial ira credit union ,how could they stop my alimony

Expert:  Tina replied 1 year ago.
Under those circumstances, it would not normally be terminated altogether as your need continues and his ability to pay is apparent as well, that is why I indicated it could be terminated altogether depending on the circumstances. Your circumstances would not typically suggest that it would be terminated by a court.
Customer: replied 1 year ago.

i'v had conference hearing seems courts in favor of him,i like to know how man can abandon his marriage thats what did packed up left when i wasn't homefiled divorce than bought himself home brand new vehicle which is pd in full he keeps crying has no monies than they think xwife surpossed to live welfare i thought law was surpossed to live standards in which accustomed in marriage....also may not know ss rules if im receiving ss disabil;ity can i still collect on his ss

Expert:  Tina replied 1 year ago.
Hello again,

It sounds as though you may need an attorney if you do not have one, as that can put you at a disadvantage. I don't know all the facts, but you do have the right to seek discovery of his financial records, which may reveal that he has the ability to pay even though he may say he does not.

I am not a social security disability attorney, so I can't answer your question about whether you might collect under his social security or not. Please address that question to someone in the social security category of this website.

Thank you for your understanding.
Customer: replied 1 year ago.

what do u mean by discovery

Expert:  Tina replied 1 year ago.
I mean subpoenas can be issued to his financial institutions, interrogatories and requests for production of documents can be directed to your ex and he could be compelled to turn over financial documents that you request and answer questions under oath.

Without adequate discovery, the court will typically have no choice but to take his word for it. You need evidence to show that he does have the ability to pay and that can be gained through the discovery process, but you need an attorney to pursue that on your behalf.
Customer: replied 1 year ago.

UPON DIVORCE W QDRO ISNT A PALN FROM HIS PENSION MD IN MY NAME & SS WITH % I TO RECEIVE, I INQUIRED GAVE MY INFO THEY HAD NOTHING

Expert:  Tina replied 1 year ago.
Hello again,

I'm sorry, but I don't understand your last question. Please clarify. Thank you.
Customer: replied 1 year ago.

QUALIFIED DOMESTIC RELATIONS ORDER FOR PENSION WHEN THATS DONE ISNT A PLAN SET UP WITH MY NAME AND INFO WITH THE % AMOUNT I WAS TO GET

Expert:  Tina replied 1 year ago.
Yes, a QDRO is typically used to obtain a portion of a pension plan as set out in the divorce decree and should normally be submitted to the plan administrator to receive the payment(s) owed.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.


qdro was done thsats why im asking i cant access a plan under my info can it all still be in his name who do i go about getting my share

Expert:  Tina replied 1 year ago.
The plan administrator is who you would contact to obtain benefits typically. You need that information from your ex though as to who administers the pension.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
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Tina
Tina
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JD, 17 years legal experience including family law