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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).