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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9333
Experience:  Experienced Family Law Attorney
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I was divorced in GA in on dec 19 2013 Finale Judgement and

Customer Question

I was divorced in GA in on dec 19 2013
Finale Judgement and Decree of divorce was signed in Oct and I lost my job on the 20th of oct but continued paying my alimony
My wife on the other had never kept her end of the deal to remove my name from the mortgage
Can I have the judgement and decree changed based on these changes
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

How long was alimony ordered for?

ALso did the decree require that the other person remove the other's name from the mortgage?

Customer: replied 1 year ago.
Till she died or remarried
yes she had 12 months to remove my name from the mortgage
Customer: replied 1 year ago.
I did pay the alimony of 1200 US from Oct /13 till May/ 15
With no income coming in
i was under severe depression
Expert:  LegalGems replied 1 year ago.

Thank you for that additional information.

So for periodic alimony, normally the language of the decree is such that the alimony will terminate upon remarriage/death of the other person. However, a party may petition the court for a modification of the alimony if there is a substantial change in circumstance, such as a drastic increase or decrease in income.

As for the failure to remove one's name from the mortgage, presumably from a refi, if the other party fails to do that, the innocent party can bring a motion to compel. If they still refuse, there are a couple of things:

1. contempt-provided that a refinance is financially possible, as a contempt citation requires a knowing and Willful violation of a court order (so if one is unable to get refinancing they won't be held in contempt)

2. a court order to sell the house to a third party so that the names are ***** ***** the mortgage.

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