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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101758
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a Canadian citizen but a permanent resident in the us.

Customer Question

I am a Canadian citizen but a permanent resident in the us. I divorced my wife in the state of tx and at the time did not ever plan on getting married again and signed off on alimony for the rest of her life. A vulnerable moment. However fast forward 6 years I have been paying $1100 a month and now realize that is not reasonable. She is now living with a guy in Canada and I am remarried and living in Georgia if I stop paying is it enforceable from Canada.
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.

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I am sorry to hear about this situation. Unfortunately, the alimony is still enforceable. She can domesticate the Texas order in GA to compel payments. Under Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause," GA will recognize the TX decree and its alimony provisions after a quick domestication filing. And yes, she can enforce it by hiring an attorney in GA even if she is in Canada (she may have to make an appearance in court, however).

The better thing to do would be to file for a modification of the decree, asking the Court to modify the alimony based on substantial modification of circumstances. If someone in your situation can show that there has been a significant change (your remarriage, her remarriage, your loss of income, her gain of income, a prolonged illness, etc), the Court is then likely to modify the alimony downward or void it all together. The final call remains that of the Judge on a case by case matter, however.

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