Q: Can I reduce the alimony amount I paid? She is capable and able to work, she just doesn’t want to do it. What can I do?
We were married for 25 years, kids are in highschool now, si she can get a job.
A: First step is to read your settlement agreement carefully and make sure that your alimony is modifiable. If yes, then you need to file a Motion for Modification and explain your reasons for asking for the reduction. Speak with a local family lawyer for more specific advice.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
The advice given to you by Mr. Lieber is correct. All I am doing is giving you some other possibilities.
1. If the divorce agreement calls for temporary alimony it will have a future date when it ends, so if that date is close, consider waiting.
2. If the date is too far in the future, consider offering to pay a "lump sum" alimony (that's what I did) to stop the monthly bleeding.
3. If the divorce agreement calls for permanent alimony (very unusual) or if the future date is too far away, you will need to file for a modification, the basis of which should include "changed circumstances."
4. Caveat: Do not base any challenge solely on the fact that "the children are in high school." Why? Because that is the time when the children cost much more to support.
5. If (or when) the children reach majority age (18), that fact is the best "changed circumstance" to raise.
6. If your financial situation has changed for the worse, that is another great "changed circumstance."
7. Finally, you might want to consider agreeing to increase the amount of child support you are paying in return for a reduction in alimony, dollar for dollar. (Most dads do not object if the money is for child support instead of alimony.)
1 user found this answer helpful
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.