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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37818
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have been divorced from ex wife 25 years. I am remarried

Customer Question

I have been divorced from ex wife 25 years. I am remarried and have a child. I have paid by ex, alimony of $2,000 month plus 1/2 of intellectual royalties I gave her at divorce. I am retired as I am 67 this year. My ex collects her SS based off my benefits. Can the amount she receives from SS be deducted from $2000 alimony monthly I have paid her for 25 years? Because it seems like she got a raise at 66 by receiving both.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While a spouse benefit claimed by an ex-spouse is not legally entitled to be offset from any spousal support that is ordered by a court in a divorce action, unless your decree specifically holds that the spousal support is permanent and not eligible to be modified as long as you live, the fact that you have retired and are now receiving social security means that you can show a significant change in circumstances and based upon that you may apply to the family law court for a downward modification of spousal support to either lessen or entirely eliminate your further obligation to pay support.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best this holiday season,


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