Q: Alabama divorce, taking my ex-wife back to court to have alimony reduced (with my reduced income) or removed
I'm now remarried, half my income is now my new wife's property but my ex-wife still receives alimony on my full income basis?
A: If you are taking her back to Court, I assume you have hired an attorney. If you have -- listen to him or her. If you are just in the planning stages, here is what you should know. First, the alimony must be periodic alimony. That is the only kind that is based on her need and your ability to pay. If your ability to pay is reduced, or if her need is reduced, then the alimony can be reduced. However, your ability to pay will be seen as coming from ALL sources of income. If you receive income from the rental of your new wife's property -- or if your new wife pays all of your living expenses, etc. all those things will be seen as figuring into your ability to pay. Make sure you get a lawyer to help you with this. He or she should be familiar with the Alabama county and court where your original alimony order was rendered.
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