Q: I have a court order for permanent alimony for the past 11 years. Ex-husband wants me to agree to terminate alimony.
Ex-husband left his job two years ago and voluntarily, took a buyout and did not get another job. He continued to pay the alimony but now he wants to stop paying. He's an engineer by career and is now looking to be a yoga instructor/massage therapist. I am on SS disability for a permanent medical condition and have been unable to support myself without his alimony payments. He is 61 and I am 63. He has not considered any employment even though employment has been offered to him. He keeps threatening to end the alimony and wants me to sign an agreement that I will freeze alimony until he's able to make some money. He lives with a girlfriend that pays all the bills and I own my home and will lose that home and have to file for bankruptcy without his alimony. Do I have any options or will my alimony end because he has no job and is a student?
A: Your ex-husband is willfully underemployed. He could make a motion to terminate your alimony, but he would have to show a permanent change in circumstances that is not his doing. He can move to terminate alimony if he claims to be retired, although he has not reached the customary age to do so. You need a experienced attorney who can guide you through all the intricacies and aspects of this process. If he stops paying you will need to file a motion to enforce. You should not sign his agreement without a thorough review by an attorney and advice on your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.