Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My q regards alimony in state of PA. When we filed our

Customer Question
My q regards *****...

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.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I need an opinion on the clauses. I will not pursue a lawyer who will take the case regardless when i

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Page 6 says agreement creates contract rights of obligation independent of any court order and may be enforced by contract remedies.

Submitted: 11 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
9/7/2017
Family Lawyer: LegalGems, Lawyer replied 11 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,953
Experience: Experienced Family Law Attorney
Verified

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

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 11 months 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

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 11 months 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!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,953
13,953 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I signed a divorce settlement agreement on July 20th, 2016.
I signed a divorce settlement agreement on July 20th, 2016. I am to pay $3,000 a month in child support plus alimony for seven years. Now I am in a position where I do not know that I can afford to pa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm a CPA in a matrimonial dispute involving a personal
I'm a CPA in a matrimonial dispute involving a personal injury attorney and his wife (Hispanic) who was instrumental in starting the preactice 30 years ago but hasn't worked since 2000 but draws a sal… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
My ex-husband has stopped paying my alimony. I live in Virginia.
My ex-husband has stopped paying my alimony. I live in Virginia. The divorce settlement was reached in 2011. The alimony is to be continued for 3+ more years. What are my options? Is it best to go ahe… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I am a 67 year old man, retired and drawing Social security.
I am a 67 year old man, retired and drawing Social security. I also have a small pension. I was divorced in April 1999 after only 8 years of marriage. Sine April 1999 I have been paying alimony. Curre… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have a signed sep agreement that states alimony is non-modifiable,
I have a signed sep agreement that states alimony is non-modifiable, terminates on a certain date, terminates upon her re-marriage, or terminates upon either parties death. The final order has the fol… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
In my divorce decree there is a clause regarding cohabitation.
In my divorce decree there is a clause regarding cohabitation. I would like to live with my boyfriend along with my daughter. I am on SS disability and receive lifetime alimony unless i cohabitate or … read more
joelaws8
joelaws8
Doctoral Degree
390 satisfied customers
My divorce decree states the permanent alimony can not be modified
My divorce decree states the permanent alimony can not be modified no matter what the circumstance. I did not notice this statement before signing. My former spouse has since remarried, has a higher i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
When a divorce order states "shall have the full force and
When a divorce order states "shall have the full force and effect of an order of this court and is incorporated but not mergedin this judgement and shall survive and remain as an idependant contract e… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My divorce decree is non-modifiable and is stated as such in
My divorce decree is non-modifiable and is stated as such in three separate places. My ex has informed me that he will be cutting my monthly alimony by 52% beginning this month. His income has decreas… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I have been paying alimony to my ex-wife for twenty years.
I have been paying alimony to my ex-wife for twenty years. Iam sixty four years old and she is fifty nine or sixty.My present wife of seven years has been un-employed for fifteen months and this has s… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Pa. My wife left of her own free will due to no fault
I live in Pa. My wife left of her own free will due to no fault of my own. I've filled for a no-fault divorce , which she agreed to . She has an attorney tell her to add a clause stating I will give h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
IRS is saying I owe them for family support however the stipulation
IRS is saying I owe them for "family support" however the stipulation states "see the breakdown on page 2" Page 2 is a computer-generated formal breakdown of family support alotting so much for alimon… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have a Martial Settlement Agreement which was NOT incorporated
I have a Martial Settlement Agreement which was NOT incorporated into the divorce. It was signed and notarized prior to the divorce. There is a clause in it which reads as follows: "WHEREAS, we mutual… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I have a separation agreement with my ex with a buyout clause
I have a separation agreement with my ex with a buyout clause on our house she is now refusing to honor. How do I enforce it and how much will it cost to do it?… read more
SC Law Attorney
SC Law Attorney
Attorney
Doctoral Degree
344 satisfied customers
i have received a letter from my husbands attorney of notice
i have received a letter from my husbands attorney of notice of intention to request entry of divorce decree also included was a n affidavit under section 3301d of the divorce code. We have been seper… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
In the state of PA, can a spouse re-open an agreement on a
In the state of PA, can a spouse re-open an agreement on a divorce decree of equitable distribution due to recent medical situation?… read more
Maverick
Maverick
Doctoral Degree
6,327 satisfied customers
My lawyer made me settle foe a No Fault Divorce even tho
My lawyer made me settle foe a "No Fault Divorce" even tho my wife comitted adultery. She "remarried" while still married to me. I am payiny her aprox. $700 in alimony. Do I have an appealable case?… read more
A.D. Barnett
A.D. Barnett
Attorney
Doctoral Degree
411 satisfied customers
My husbands ex-wife has been receiving 500 dollars a month
My husbands ex-wife has been receiving 500 dollars a month alimony for the last 8 years. For the last 3 of those years, she has been cohabiting with her fiance'. His divorce decree says he'll pay her … read more
NYcowgirlawyer
NYcowgirlawyer
Mediatior/Arbitrator/Guardian ad Litem
Doctoral Degree
122 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x