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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My q regards alimony in state of PA. When we filed our

Customer Question

My q regards ***** ***** state of PA. When we filed our mutually agreed upon divorce settlement we set alimony amounts I was comfortable with. But my income has decreased 80% since then (2 yrs ago). I can no longer afford the alimony but wifes attorney says there is a clause that I cant get out of it no matter what. Have the divorce decree in front of me, just reviewed it and have a few clauses I have questions about, plus any other advice you may offer.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: PA
JA: Have you talked to a lawyer yet?
Customer: No, I need an opinion on the clauses. I will not pursue a lawyer who will take the case regardless when i
JA: Anything else you want the lawyer to know before I connect you?
Customer: page 6 says agreement creates contract rights of obligation independent of any court order and may be enforced by contract remedies.
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 month ago.

I am sorry to hear this.

Unfortunately if the stipulation states that the alimony is not modifiable the court will enforce that stipulation. That is addressed in case law specifically Egan v. Egan, 2015 Pa. Super. 213.

Unfortunately the code supports this-please see:

3105. Effect of agreement between parties.

(a) Enforcement.--A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement.

(b) Certain provisions subject to modification.--A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances.

(c) Certain provisions not subject to modification.--In the absence of a specific provision to the contrary appearing in the agreement, a provision regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/23.HTM

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Expert:  LegalGems replied 1 month ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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