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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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IF MY EXWIFE SELLS THE HOUSE AND GETS A JOB. CAN I TAKE HER BACK TO COURT TO LOWER MY ALIM

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IF MY EXWIFE SELLS THE HOUSE AND GETS A JOB. CAN I TAKE HER BACK TO COURT TO LOWER MY ALIMONY PAYMENTS SINCE THIS INCREASES HER INCOME?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me what state this is in?

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Customer: replied 4 years ago.

CALIFORNIA

Thank you, Mark.

IF MY EXWIFE SELLS THE HOUSE AND GETS A JOB. CAN I TAKE HER BACK TO COURT TO LOWER MY ALIMONY PAYMENTS SINCE THIS INCREASES HER INCOME?

The answer is yes, you can.

You can modify alimony. Ca Fam §§ 3603 et seq.

What you would have to show is that there has been a "substantial evidence of a material change of circumstances" and she now makes more money and no longer needs your support. Marriage of Lautsbaugh (1999) 72 Cal.App.4th 1131, 1133-1134, 85 Cal.Rptr.2d 688, 690.

Then, the Judge has discretion whether to lower the amount or terminate it all together, based on her actual need and how much she is making at her job.

An attorney is recommended to file the pleading. Let me know if you need referral to low cost/pro bono leads in CA.

I hope this helps and clarifies. Good luck.

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