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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable family law attorney.
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Can I get a rwview of my alimoney clause if I no longer work.

Customer Question

Can I get a rwview of my alimoney clause if I no longer work. now living off savings. Georgia
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you. You may be able to get a review, but it depends on what your final decree of divorce says.Alimony is determined by 1) what the receiving spouse needs, and 2) the paying spouse's (your) ability to pay. If one or the other changes, generally a court can make some adjustment to alimony.If your decree is silent as to getting your alimony obligation reviewed, then you only need to file a motion in the court where you got divorced asking the judge to reconsider the amount of alimony you have to pay. The basis for the change is that you are no longer employed, you are living off your savings, and thus you no longer have the same ability to pay.If your decree only allows for review at certain times (i.e. every year, every five years, etc.) then you'd have to wait for that time period since the last time (if any) you tried to modify alimony. If your decree says "alimony is fixed forever and you can't ever adjust it" then you're stuck with paying, no matter what your financial circumstances. I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond. Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.Best wishes to you,Shuband

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