Hoffman Forest, NC asked in Divorce and Family Law for North Carolina

Q: I wanted to know if alimony can be reduced or stopped if one part of the divorce decree has not been obligated .

I have been divorced paying alimony for fifteen years now and my ex has not fulfilled her obligation according to the divorce paperwork. We filed and completed the divorce in California. Accordingly, she was suppose to maintain a job (minimum 30 hrs a week) and reside in California to receive the amount of alimony granted. We divorced in 2003 and she left California in 2004 and has resided in Memphis,Tn since. I pay $12600.00 annually. I would like to reduce this by half or completely stop it.

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Amanda Bowden Johnson
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Answered

A: I'm quite sure most people would like to not pay any taxes as well. What does how much she works and where she resides have to do with the amount of alimony you pay? Are you really with a straight face trying to say you want to dictate how she lives her life in order to receive alimony? That kind of thinking is likely at least partly to blame for why you are paying alimony in the first place. If she was doing or failing to do something contrary to the divorce judgement that effected you financially in some significant way, I'd say maybe you have a decent argument. But it appears you are trying to say she's not allowed to move to TN where she can likely get a tish more bang for her measly $12600 and maybe not have to work as much. If that's the case, the likely name for your argument is 'sour grapes' and you will likely not get the alimony amount even so much as modified let alone eliminated on that basis. Your best bet is to consult with a local family law attorney to see if there is any legitimate basis to modify the alimony amount.

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