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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35359
Experience:  Attorney with 16 years experience
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My husband is 88 years old and has been paying alimony

Customer Question

my husband is 88 years old and has been paying alimony for 37 years. his ex wife never remarried and has a grown 57 year old son living with her for all those years. she also collects social security based on her ex husbands salary. is there a possiblility that his 1000 a month alimony can be modified from his 120,000 income. we live in new york and have high taxes and expenses.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If husband's income has decreased over the years or expenses have increased, then that could give him legal grounds to file a motion to modify any support order that was put in place that long ago. When one party experiences a "substantial change in circumstances" that can result in a modification of any support amount either up or down. Alimony was initially intended to support the other spouse until they can become self supporting, but in some cases turned into lifetime payments. The current move in the legal system is back to the original idea that one spouse shouldn't be penalized for life simply due to a divorce and that support should have limitations placed on it.

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So after 37 years, if the ex is self supporting, then I would opine that by itself would be grounds to request termination or at the very least a downward modification of support. You would need to contact a local family law attorney to assist in filing the motion to modify in the original court that entered the order.

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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