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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28518
Experience:  Attorney with experience in family law.
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I was married years During the divorce I gave her a car

Customer Question

I was married for 21 years
During the divorce I gave her a car because she didn't the car I co-signed for got repoed
I paid alimony for 6 years plus back pay
She was court ordered to pay for the repo she didn't I did
She claim to have a part-time job when we divorced, she claim to still have the same part-time job now.
Is it possible for me to stop paying her alimony payments?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

To stop paying alimony, you need a court order. Otherwise, you run the risk that she'll have you held in contempt of court.

What you can do is file a Motion for Contempt (also called an Order to Show Cause) in some areas, letting the judge know that she did not pay for the repo as ordered and requesting that you be able to deduct a portion of what she owes you from the alimony each month until it is paid.

You can also serve her with discovery requests aimed at determining if she's really working more than just the part time job she's claiming, because if she is, you have the ability to file a Motion to Modify/Terminate Support based on her current earnings. Alternatively, you can serve a subpoena on her bank for statements (showing deposits) and/or on her current employer showing paystubs and hours worked. The clerk of the court should have blank subpoenas you can use for that purpose, after a motion has been filed. A local attorney may also be able to help you gather evidence to help determine whether she's working more than part-time and file the motions for you.

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