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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 am 7 years in to a 9 year divorce agreement that was non

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I am 7 years in to a 9 year divorce agreement that was non modifiable. My ex spouse collected approx. 200K in stock at time of divorce and I have paid $ 3500.00 per month for
7 years. She re married only 6 months after the divorce and I still paid due to the non modifiable clause. Is there any way I can get released from the final 2 years? The original agreement included a provision "non modifiable" even if remarried. I can not afford the continued support.
Thank you for your question. Please permit me to assist you with your concerns.

A 'non modifiable' provision is very very tough to overturn. What, if anything, has changed in your financial situation that you can point to as a potential reason for the request to modify? Please advise!
Customer: replied 3 years ago.

Net Monthly Income has decreased. She gets 60% of my net. I have a new family to support. I know that is not a big difference. I have also suffered some large financial losses over the past 2 years. I have been told Non Modifiable is difficult to overturn. I have been and continue to be disgusted in paying here 42K a year given she remarried 6 months after divorce. I am assuming if she would not agree to modify then I am stuck?

Steve,

Thank you for your follow-up. It is true that without consent from the other spouse, overturning this agreement is very tough, but it is not impossible. The reason I asked about your financial situation is because you could arguably go to court and file a petition to modify the support payments based on hardship or an extreme change in circumstance. If your income dropped significantly from the initial order and you are having difficulty paying down your own bills, then a request to modify is possible. However the courts would likely not terminate support--at best they would lower the amount but then extend the length of time you would be paying toward this obligation. The courts see the support your ex is receiving as 'her' money that she is entitled to from the marital estate, she simply gets it on an extended basis. Convincing the judge to get rid of the payments is a losing proposition but modifying the terms is quite possible. I just wanted to provide you with a most realistic portrayal since even ideally you have about a 15% chance of getting the terms modified or reduced.

Hope that helps.

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