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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My income has decreased dramatically and my ex-wifes assets

Customer Question

My income has decreased dramatically and my ex-wifes assets have increased dramatically (and she hid her assets during the divorce). Can I use her assets and my income to reduce the alimony? It has been about 5 years since the divorce. I live in utah. Thanks

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Submitted: 7 years ago.
Category: Legal
Expert:  Thomas Swartz replied 7 years ago.

Yes. Under Utah Code § 30-3-5(8)(g)(i) &(ii), the court has continuing jurisdiction to make changes to an alimony award. Specifically, that Section states as follows:

§ 30-3-5(8)

(g) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce.
(ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.

The fact that your income has decreased dramatically since the time of divorce is exactly the type of "substantial material change of circumstances" contemplated by the law. In addition, since the total financial picture is taken into account when awarding alimony, if you can indeed demonstrate that your ex-wife hid assets from the court, the court is likely to hold this against her and reduce her award of alimony.

Of course it is best to seek a reduction in alimony by making the proper application to the court, and to do so, it is best to seek the assistance of a Utah matrimonial attorney.

Good luck.


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