More details to this question:
I been defending myself in family court alone, my court order stated that I will lower my alimony payment when my ex-wife moves from the home. So when she moved, I lowered the alimony, the opposing counsel stated to the judge it was self-serving, I just followed the court order. My question is what is the terminology used to explain a court order that has a dated orders. And did I do something wrong.
2 ANSWERS
I agree with the previous attorney's answer: It's difficult to know exactly what has happened in your case. Unless the prior court order clearly stated that upon your former spouse moving from the residence she was in at the time of your divorce, you were allowed to immediately ireduce your spousal support payments to her by a certain dollar amount, if you simply arbitrarily began sending her less money after she moved, you may have "done something wrong" by violating the prior court order. You didn't indicate what happened after the opposing counsel claimed your action was self-serving. Did the judge make a ruling? Is the matter still pending?
In the mean time, I don't think you need to use any particular legal term to make your argument to the court. IF the prior order is clear in its terms and is still in effect, just refer to the actual terms in the order that you believe give you the right to lower the child support.
Cathy Naugle, Boise ID family law attorney
Answered on Jan 11th, 2016 at 4:38 PM
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Your quesiton is a bit confusing. If you have a signed court order (that the judge signed or that your ex-wife signed) that allows you to lower alimony when she moves, and you did that, you are following the court order. Although the language maybe self serving, if she consented to it, that's now biding.
Answered on Jan 10th, 2016 at 9:48 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship