How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37038
Experience:  30 years as a family law lawyer .
8534270
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

Presetly, I have been ordered by York Co. Va alimony since

Customer Question

Presetly, I have been ordered by York Co. Va alimony since 2003 2200./mo and I need to know how to stop payments;m all children emanciipated, and I have 2 mortgages unable to continue. I have lost all my retirement
Assistant: Thanks. Can you give me any more details about your issue?
Customer: Separated 13 yers, divorced since 2007 and I have 2 jobs, and remain without the abiliity to pay my bills paying her 2200./mo alimony...
Submitted: 14 days ago.
Category: Family Law
Expert:  RayAnswers replied 14 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 14 days ago.

You can petition the divorce court to terminate the alimony/spousal support here under the law below.

§ 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage or death.

A. Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.

B. The court may consider a modification of an award of spousal support for a defined duration upon petition of either party filed within the time covered by the duration of the award. Upon consideration of the factors set forth in subsection E of § 20-107.1, the court may increase, decrease or terminate the amount or duration of the award upon finding that (i) there has been a material change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact occur through no fault of the party seeking the modification. The provisions of this subsection shall apply only to suits for initial spousal support orders filed on or after July 1, 1998, and suits for modification of spousal support orders arising from suits for initial support orders filed on or after July 1, 1998.

C. In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, if a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed before entry of a final decree, no decree or order directing the payment of support and maintenance for the spouse, suit money, or counsel fee or establishing or imposing any other condition or consideration, monetary or nonmonetary, shall be entered except in accordance with that stipulation or contract. If such a stipulation or contract is filed after entry of a final decree and if any party so moves, the court shall modify its decree to conform to such stipulation or contract.

D. Unless otherwise provided by stipulation or contract, spousal support and maintenance shall terminate upon the death of either party or remarriage of the spouse receiving support. The spouse entitled to support shall have an affirmative duty to notify the payor spouse immediately of remarriage at the last known address of the payor spouse.

Expert:  RayAnswers replied 14 days ago.

IN THE COURT OF

_________________ COUNTY,

VIRGINIA

__________________________

Plaintiff,

Case No. _______________

__________________________

Judge _____________________

__________________________

vs.

MOTION TO MODIFY SPOUSAL SUPPORT

__________________________

Defendant.

__________________________

__________________________

Now comes _______________________ and moves this Court to modify its

previous Order and reduce/terminate/increase alimony/spousal support for the reasons set forth

below.

__________________________________

NAME

__________________________________

ADDRESS

__________________________________

CITY, STATE & ZIP CODE

_________________________________

TELEPHONE NUMBER

MEMORANDUM

The undersigned should have his/her alimony obligation reduced or terminated or

increased for the following reasons:

_________________________________________________

______________________________________________________________________________

____

_________________________________________________________________________________________

Motion to Modify Alimony

Page 2

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

For the foregoing reasons, the undersigned requests that this Court’s prior Order

be modified.

________________________________________

Expert:  RayAnswers replied 14 days ago.

Feel free to modify this to your facts , case number, etc.

Thanks again and the best to you.

If you ca positive rate 5 stars it is much appreciated.

Customer: replied 14 days ago.
C
Expert:  RayAnswers replied 14 days ago.

Thanks for the chance to help.I think you have a real chance to show a change in circumstances.I wish you the best here.