At the time of the divorce my husband was ordered to pay an amount each month till my death for alimony. I do know that his income has diminished since. Last august he stopped sending money blaming the change and then he has begun to send 50% of my agreed alimony. It is hard for me. In the meantime he has remarried and his wife is wealthy, mostly with previous assets but also because of income from her present job. Am I in any position to consider going to court and bring up this issue? Thank you.
Response: Yes, you are.
Your ex-husband does not have any right to reduce the amount of ordered spousal support/alimony WITHOUT a Court Order whether or not his income has diminished. He must first file Application for Modification of the Judgment and ask the Court to reduce the amount of support due to material change in circumstances. If the Court grants his application, then he can pay the reduced amount. Until the approval, he is liable for the amount ordered by the Court. So, you need to file Contempt Action against him for failure to pay Court ordered amount. Court would hold a hearing in the case. In the meantime, he is still liable for the portion that he has not paid.
You can obtain the forms for filing the contempt action at your local Courthouse, where the Alimony Judgment was issued.
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