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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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My wife filed for divorce in 2010. At the time, she was not

Customer Question

My wife filed for divorce in 2010. At the time, she was not working, and I was under a severance agreement which expired before the divorce was final. Base support is $2,900 per month, and increased by15% of my increased income over $84,000. My annual income is now $190,000, hers $45,000. The amount of support is now $4,253 per month - and it is a real burden. I cannot qualify for conventional RE financing as alimony consumes 27% of my income. I do not own a home and she does. She refinanced with a 15 year mortgage (a sign to me alimony was excessive). SInce we were married 33 years, divorce support was considered "perpetual" - filed in Oregon. I now live in Washington. We are both 61, I would like to reduce the current support, and dramatically reduce or eliminate retirement support. Is there anything I can do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: 1) I was opposed to the divorce and felt railroaded. 2) There is a clause in the divorce which eliminates support if she remarries, or cohabitates for 12 months. 3) She has inherited money from her mother, although I do not know the amount.
Submitted: 4 months ago.
Category: Family Law
Expert:  Legal Eagle replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. I am happy to speak with you, but by no means are you required to accept it.

Expert:  Legal Eagle replied 4 months ago.

Okay, according to one of my most trusted sources, it says, "Oregon courts will consider modifying or terminating alimony when either spouse has a substantial change in financial circumstances. Generally, the change in financial circumstances must be involuntary and unexpected; a paying spouse can’t get the alimony payment reduced by just quitting his or her job."

Customer: replied 4 months ago.
Please do. And a phone call is fine.
Expert:  Legal Eagle replied 4 months ago.

In your case, you could cite your inability to purchase a home and any other circumstances that would suggest a modification. You would have to be convincing to the judge though considering your substantial income compared to hers. One other thing you could do is work with your ex and find out if she is willing to submit a joint stipulated motion for a reduction in alimony. Her inheritance may be ignored under general alimony principles, but you could at least make that argument.

Expert:  Legal Eagle replied 4 months ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?