Q: Hello, My x-wife and I have amicably agreed to a modification of alimony, how do I do that? Thanks.
I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.
A:
When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they consent to its terms. If the parties are unrepresented, they may want to have the document witnessed or notarized. If the parties are represented, they may wish to have their respective attorneys sign as well. Once the agreement is signed, either party can file a petition with the Court requesting that the terms of their agreement become part of a Court Order. If approved by the Court, the judge will sign the consent Order and the parties’ agreement will become enforceable as a Court Order. If you need assistance with this process, I would recommend consulting a family law attorney. I hope this helps and wish you a good rest of your day!
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