QUESTION
If I am paying alimony and my ex remarries, do I have to file with the court to stop payment or is it automatic?
Asked on Oct 23rd, 2012 on Divorce - Michigan
More details to this question:
There is no stipulation in the divorce order that maintenance be continued after remarriage.
17 ANSWERS
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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See an attorney for specifics on your case. Its not automatic.
Answered on Oct 29th, 2012 at 11:34 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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For spousal support to stop, the decree has to state so. If that is the case, you will have to get an agreed entry signed by your ex or a court order to stop your obligation.
Answered on Oct 28th, 2012 at 4:33 AM
I answer to your inquiry, you need to file a Motion and Order asking the court to rescind the alimony award due to affect that your ex wife has remarried.
Answered on Oct 26th, 2012 at 10:26 PM
It depends. If you are paying by wage assignment, you will probably need a court order to stop the payments. If you have been writing a check each month, once your spouse has remarried, spousal support should terminate SO LONG AS the divorce judgment says that is when it is supposed to end.
Answered on Oct 25th, 2012 at 8:31 PM
It is not automatic. We will have to file a motion to terminate spousal support. To discuss this option, you can call the office for a free 30 minute consultation.
Answered on Oct 25th, 2012 at 12:17 AM
The obligation to pay spousal maintenance would terminate upon her remarriage, but if the spousal maintenance is paid by wage assignment, you would need to file with the court to terminate the garnishment - otherwise, they will have no way of knowing to stop taking the funds. If you pay directly (not by wage assignment), it would still be a good idea to file a notice with the court regarding her remarriage and the termination of support, so the court knows that the obligation is no longer in effect.
Answered on Oct 25th, 2012 at 12:12 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on the law of the state where the alimony order was issued. In Colorado, spousal maintenance stops upon remarriage but you need to get a new court order confirming that the remarriage has occurred. If the support order was not issued in Colorado the law of the state where you live is probably the same, but you need to consult an attorney in that state.
Answered on Oct 25th, 2012 at 12:07 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should consult with an attorney about this. Sometimes the payment of alimony is made after remarriage, for rehabilitative mainly.
Answered on Oct 25th, 2012 at 12:06 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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Mention intent of agreement.
Answered on Oct 25th, 2012 at 12:06 AM
Good question. Normally, that situation should have covered. Check your marital settlement agreement, if you have one, or look at the judgment that was entered by the Court. If neither one of those included that situation, I would suggest, after your spouse remarries, that you immediately go back to Court and ask the Judge for an Order voiding further alimony.
Answered on Oct 25th, 2012 at 12:05 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Nothing is automatic, so if your judgment says support ends on remarriage (typically it does), then immediately file to stop it and request retroactivity to the date of filing. If in doubt have an attorney review your judgment documents. Opinion only, not legal advice.
Answered on Oct 25th, 2012 at 12:04 AM
Unless you are making the payments through a third party, you may just stop paying support once the fact of remarriage has been established. Otherwise, you will need a court order.
Answered on Oct 25th, 2012 at 12:01 AM
You will have to petiton the Court to terminate the alimony. I would suggest getting a certified copy of her marriage certificate to file along with you petition if possible.
Answered on Oct 24th, 2012 at 11:57 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You will need to file a motion to terminate the maintenance. The court would have no idea otherwise.
Answered on Oct 24th, 2012 at 11:56 PM
Theodora B. Fader
You would need to file a motion and obtain and order to terminate your obligation.? You should have an attorney review your divorce judgment and support order to determine if your former spouse's remarriage is a basis for modification or termination of your obligation to pay support.
Answered on Oct 24th, 2012 at 11:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The answer is in the divorce judgment, have an attorney review it.
Answered on Oct 24th, 2012 at 11:46 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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No it is not automatic. The Friend of the Court has to be provided with written proof.
Answered on Oct 24th, 2012 at 11:45 PM