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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33638
Experience:  16 yrs. of experience including family law.
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I currently receive alimony of $750/mo from a divorce from

Customer Question

I currently receive alimony of $750/mo from a divorce from 4.5 years ago. The court said after five years, my ex can contest the amount and possibly get a judgement to have it reduced. My son gives me money each month in the form of a check written out to me, and I deposit it into my bank. He writes on the check "Gift".If my ex tells the judge "hey, she's getting money from her son, so I should get my alimony reduced", can my alimony be reduced because the just will count my son's checks as income to me?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The court can consider income from all sources, when deciding appropriate support levels.

So the court can consider this income you receive from your son when deciding if they will modify your support order

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I live in Ohio, though. This is Ohio law, is it not?
Customer: replied 1 year ago.
I meant to say, it matters it's in Ohio, you are in AZ, which might have different laws? A gift, from what I understand, is not a source of income? I don't have enough from alimony and ss as it is now.
Expert:  P. Simmons replied 1 year ago.

That is correct. Under OH law the judge can consider income from all sources in deciding support. That cuts both ways...the judge can consider income your ex receives and income you receive.

IF your income is not sufficient to support yourself? I would expect the court to rule in your favor