Q: Is alimony supposed to be adjusted if one of the parties' incomes change? Or stick with the divorce agreement amount?
I was ordered to pay $1095/month based off of the IM&DA (2017) version. Our salaries have changed and if we calculated the amount I would need to pay based off of our new salaries, it would increase to $1616. My ex-wife claims she should get this amount now, but the divorce agreement was signed as I would pay $1095/month. She is saying according to the marriage act, alimony is based off of my current income and if it increases so does her maintenance. Is this true?
A: Unless your Judgment specifically provides for automatic yearly adjustments, you only have to pay the sum that is required in the Judgment. Without this language, it would be up to your ex to go back to court to seek a modification. Until then, you pay the amount in the Judgment.
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