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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My ex wants to reduce to alimony based on his new salary and

Customer Question

my ex wants to reduce to alimony based on his new salary and living expenses from $1150 to $600 and stop paying within 30 days. What should I do
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Pro replied 8 years ago.

Your stating alimony correct? That means that there was a settlement agreement or court order establishing the alimony - correct?

Customer: replied 8 years ago.
their was court order established in aug of 06. I would receive alimony until I remarry or pass away.
Expert:  Law Pro replied 8 years ago.
Then your ex doesn't have a "leg" to stand on - he can't modify or change the alimony order unless the settlement agreement states it can be modified. If there is only a court order - then it's not modifiable at all.
Customer: replied 8 years ago.
It does state in my divorce papers that it says:" The provisions governing the payment of spousal support forth in Section 3.1 are modifiable by a court of competent jurisdiction, expect as to any amounts that are in the arrears prior to the date of filling of a Motion or Order to Show cause to modify the support.
Expert:  Law Pro replied 8 years ago.

Yes, then the alimony is modifiable except as to what's outstanding. Sorry.

However, he's just giving amounts that he wants to pay.

He certainly can't just stop paying or he'll be in contempt of a court order.

Your going to go through a spousal support evaluation. Do you have any of the information from the prior determination of alimony - if so, get out that information and use it at the hearing. Just because his finances changed somewhat shouldn't affect your alimony payment - actually, to the contrary, he made the decision to chaange jobs and therefore should take the risk of the job reduction in pay. You didn't ask for more alimony when he was making much more money (that's your biggest arguement against any modification).

Also, gather up all your expenses, medical costs, anything and everything that you pay for this past year - use that also so that the amount stays the same.

Additionally, make the argument that the alimony was for life - that was court ordered - this is just retaliation of a poor choice on his part that you should not be responsible for.

Customer: replied 8 years ago.
Thank you for your advice. My ex- didn't want to take a lower paying job. He was laid off from the $160,000 and reduced his income to $80,000.   Does he still have some recourse on reducing my alimony?
Expert:  Law Pro replied 8 years ago.
He can always try - you can't stop him from trying to reduce the alimony - I don't give him much success if any.

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