Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?
The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."
Is this a correct interpretation? Thank you.
It is a creative interpretation and could be argued to prevent further alimony.
On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.
If you want to ask the Court to increase or extend alimony, you generally need to file it before the current alimony is paid in full.
If the other parent has decided to pre-pay alimony (whether in part or in full), it might make sense to file an action to ask for additional alimony as there is now evidence that the other party has the ability to pay more than currently ordered. It would be up to the Court to decide whose interpretation of the statute is correct under the specific circumstances of your case.
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