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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30337
Experience:  Attorney with experience in family law.
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My divorce decree states the permanent alimony can not be modified

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My divorce decree states the permanent alimony can not be modified no matter what the circumstance. I did not notice this statement before signing. My former spouse has since remarried, has a higher income, there are no children involve, can I get this agreement changed or stop?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is a difference between a modification to alimony and termination. Alimony should terminate automatically when a spouse remarries. If the decree is silent, you can bring a Motion to Terminate under the circumstances. You may have to argue that it is against public policy to require you to keep paying someone who has remarried and has higher income. If your income has decreased and you can no longer afford to pay, that may also help.

There are unfortunately no guarantees, but it may be worth trying. First, look at the decree to make sure that it doesn't say that it will terminate when she remarries. If it said that, you'd be allowed to just stop paying without going back to court.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

Thank you for the information. It seems I will have to get an attorney to file that motion. you have help a great deal. Thank you once again

You're not required to hire a lawyer to file the motion, but you certainly can if you'd be more comfortable having someone to help you.
Customer: replied 4 years ago.

ok, thank you. so I just go to the court house and file the motion. got it..

Right. You also have to mail a copy to your ex at the same time, or her lawyer if you have one. The motion would include a Certificate of Service, which means that you say when and where you mailed it, and sign and date it.
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