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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My friend got divorced 5 yrs. ago he has to pay s ex wife

Customer Question

Hello, My friend Joe got divorced 5 yrs. ago he has to pay his ex wife $700 a month alimony for two more yrs. Their children are grown, and his ex wife makes more money than he does . He has a decent job but has health and well being have declined due to the stress and financial hardship this has caused on him. He has lost and extreme amount of wait and has moved into a small efficiency apartment which he now shares with his 23 yr. old son as his ex wife has thrown him out of the house. He also drives a beat up used truck due to the financial hardship this alimony has caused him.Could my friend have any chance of having the amount of alimony owed dropped or reduced? This money was him paying for his half of the home they shared together and sold. Thank you.
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your friend does have a good chance of reduction/end of alimony. "An alimony award can only be altered upon showing a substantial change of circumstances, and the burden of proving the requisite change rests upon the party seeking the reduction." Hickland v. Hickland, 56 AD 2d 978 - NY: Appellate Div., 3rd Dept. 1977 (internal citations omitted).

In sum, he would have to file a petition to reduce or eliminate alimony, and show that a significant CHANGE in the situation has occurred. This includes but is not limited to:

-health issues that disallow him to work at all, or full time

-loss of employment

-her remarrying

-her coming into money another way

-him remarrying and/or having to care for a third party


What you describe does seem the kind of situation where the Court would likely reduce alimony, or perhaps even eliminate it. He would have to file to see, of course.

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