QUESTION
If my husband and I were to have a baby would we be able to have the alimony he pays to his ex-wife reduced or stopped?
Asked on Dec 09th, 2013 on Divorce - Florida
More details to this question:
My husband has 3 children with his ex wife. He was assigned a term of 8 years to pay her alimony, which he has complied with for the past 3 years. My husband and I have been married for 3 years now. I do not have any children of my own and my husband and I are considering having 1 child. He pays child support for his 3 children with his ex. If he and I had a child I would temporarily be out of work and know there would be a financial burden to keep up his payments to his ex for child support and alimony. If we decided to have a child, by the time it was born, we would be at the 4 year mark in which his ex should have found employment. Would we have a case to stop or reduce alimony payments to her?
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I doubt it, especially with the alimony for a set period of time. There is a possibility that the child support might be reduced after your child is born, but I don't know by how much. You would need to talk with a local attorney about that.
Answered on Dec 09th, 2013 at 10:58 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Your husband should consult with an experienced family law attorney to discuss this issue. You do not provide sufficient information to give much of an opinion. It will, in part, depend upon the language in the decree that ordered the alimony. In Arizona there may be language that declares that the alimony is non-modifiable. Also note that if you and your husband have a child there may also be a modification of the child support. Only an attorney familiar with the courts in your area can properly advise you.
Answered on Dec 09th, 2013 at 10:58 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If the Final Judgment was a Florida decree, answer is No.
Answered on Dec 09th, 2013 at 8:06 PM
Your husband has an agreement concerning his ex. He must honor that agreement or petition the Court to change the agreement. You having a baby does not extinguish his obligation to his former wife.
Answered on Dec 09th, 2013 at 8:06 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally it will not affect alimony (unless that is modifiable) but it will affect the amount of child support he pays, nothing will be automatic. He will have to file for an adjustment.
Answered on Dec 09th, 2013 at 8:06 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I do not believe his alimony obligation would change at all simply because he had a child with you. Since his alimony obligation was not based upon your income, the fact that you lost your income while you were pregnant or when you had the child would not be a factor.
Answered on Dec 09th, 2013 at 8:06 PM