More details to this question:
Ex is saying he wants to go to court to reduce alimony because he and his new wife have a lot more bills that were not expected but his pay has gone up. We were married 38 years and had a court ordered permanent alimony. We have only been divorced for two years and eight months. I know that they have a high life style but I can't prove it.
15 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
First, you have to review your decree to determine if support is reviewable and under what circumstances. If he files for a reduction, you have to look at what has changed since the divorce and if it could have been foreseen. You need to consult with an attorney on this.
Answered on Nov 12th, 2012 at 10:26 PM
Spousal support can be modified based on a change in circumstances but if the new wife can work or does work her income or ability to earn income should be considered by the court in deciding whether to modify support downward. You need a lawyer who can help you proof the income to the household of your ex-husband and his new wife. Please at least talk to a family law attorney in person to deal with your concerns.
Answered on Nov 09th, 2012 at 2:13 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Meet with an experienced attorney to protect yourself.
Answered on Nov 09th, 2012 at 12:21 PM
Dennis P. Mikko
If your alimony is for a fixed amount it may not be able to be changed. Just because he has more bills is not grounds for a reduction especially if his income has gone up. Require him to bring proof of income to court in the form of paycheck stubs and last years federal income tax return. If his income has gone up, there should be no problem with his ability to pay. Just because he wants to spend his money on himself does not mean he should get a reduction. You should consider having an attorney with you in court. If you cannot afford an attorney, ask the court to award you attorney fees as provided by court rule.
Answered on Nov 09th, 2012 at 6:10 AM
It depends upon whether or not the permanent support is modifiable or not. If modifiable, the court will look at his income not his expenses.
Answered on Nov 08th, 2012 at 5:21 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The first place to look for an answer is the original court order that established the spousal maintenance/alimony award. If that order was in Colorado, unless it says something different, the law requires that you ex- convince the judge that there has been a change of circumstances significant enough to make the original order unfair. Simply remarrying is not usually a sufficient reason, but only someone who can review all the relevant information can give you a realistic opinion. If your divorce was not in Colorado you need to talk to a lawyer in your state to find out what the law requires.
Answered on Nov 08th, 2012 at 5:20 PM
Michael Paul Vollandt
In California his chance in reducing your spousal support on his reasons is almost impossible. There needs to be a substantial change in his or your circumstances. Picking up a new wife of a bunch of bills is not the kind of circumstance he courts recognize.
Answered on Nov 08th, 2012 at 5:19 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
If the orders state that the spousal maintenance amount is non-modifiable, then no he cannot change it. If however it does not say anything as to modifiability, the Court will treat it as modifiable and he will have to file a petition to seek to reduce his obligation. It would be worthwhile to discuss more of the facts with an attorney.
Answered on Nov 08th, 2012 at 5:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
It is unlikely he can get a reduction after such a short period of time and such a long marriage if his income has gone up.
Answered on Nov 08th, 2012 at 9:28 AM
If you know about their lifestyle then you need an attorney.
Answered on Nov 08th, 2012 at 9:28 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
The Judgement of Divorce should specify if and how spousal support can be modified. If it is allowed, the Court will generally look at whether there has been a change in income. The fact that the payor is spending more will usually not be sufficient to modify support. Consult with an attorney to make sure your position is properly presented in court. A hearing can be held regarding this issue and it will be the burden of your ex to establish justification for this modification.
Answered on Nov 08th, 2012 at 9:28 AM
Theodora B. Fader
Whether or not your ex spouse can get his alimony obligation reduced would depend on the language in your divorce judgment and, if the obligation is modifiable, the facts surrounding his request for modification. You should retain an attorney to assist you with the motion to ensure that your rights are protected.
Answered on Nov 08th, 2012 at 9:27 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
His new bills have almost no bearing unless related to medical issues or the like. If his pay went up the court can actually increase it.
Answered on Nov 08th, 2012 at 9:27 AM
Family Law Attorney serving Las Vegas, NV
at
The Law Offices of Mandy J. McKellar
Update Your Profile
In Nevada there must be a reduction in income not inflated expenses for modification of an alimony award.
Answered on Nov 08th, 2012 at 9:27 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
He has to have had a substantial decrease in income in order to get the alimony modified downward.
Answered on Nov 08th, 2012 at 9:26 AM