Comments on: Alimony Modification: Supportive Relationship

By: Garth

Garth — Thu, 05 Jan 2012 13:59:07 +0000

Dear Debbie: In order for your Former Husband to seek a downward modification or termination of his alimony obligation, he must allege and prove a “substantial” change(s) in circumstance. He cannot merely go into court stating that he has back problems and cannot work. Further, even if your Former Husband should prevail that a substantial change(s) in circumstance have arisen since the Final Judgment and that, based on the competent evidence, he can no longer earn what he was previously, he may still not be off the hook. Alimony requires scrutiny of all available financial resources and this may include his current Wife’s contribution towards the household expenses/ living expenses. I would need to review the parties’ respective financial affidavits and mandatory disclosure in order to give you a more informed opinion. Please feel free to contact my Office for a free initial consultation. The foregoing is not intended as legal advice or a representation. I look forward to speaking with you in this regard.

Garth

By: Debbie

Debbie — Thu, 05 Jan 2012 02:51:19 +0000

Dear Mr.Goodman,
I was reading your comments on permanent alimony. What about this scenerio,Married 27+ yrs.awarded PPAlimony,wife did childcare in her home,is now getting her 1/2 QDRO claim of ret.x retired at 55,is remarried,pastoring a church,supposedly unpaid,lives in free parsonage.He states that he can no longer work,he had back surgery,he performs weddings,funerals,etc..he is a notary.He states that he became pastor of the non-paying church 3/2011,A found web-site that states 10/2010.He sent papers in the mail with pay stubs,bank st.and his tx returns(joint) I have 2 part time jobs,had to file for bankruptcy because of finances,my tax statement shows appr.25k and his and new spouse is 110k+.Do you think the judge would lower or terminate alimony under such circumstances?? can’t afford med ins,etc.my age 55. PS I also put him thru school…. Thanks for any answer :(

By: Garth

Garth — Thu, 18 Aug 2011 13:52:43 +0000

Hello Kathryn: Establishing alimony, including modification of an alimony obligation, are based on “need” and “ability”. If a spouse is awarded a certain level of alimony and later experiences an increased need for a greater amount (or if the prior awarded amount of alimony was found not to be sufficient to meet your then-need), you may seek an increase in the obligation. However, the payor would have to have an increased ability to pay, which may be reflective by an increase in income and/ or decreased expense(s). The threshhold determination is whether there has been a “substantial” change in circumstance(s) to warrant an increase in the alimony obligation. The payor having a live-in roommate or paramour may not, in of itself, constitute such a substantial change. Each case is unique. Is the payor now driving a brand new Mercedes or BMW as opposed to the old beat up Honda or Ford previously driven? Did he/ she make any significant purchases recently such as jewelry, a home or even a vacation overseas, which was not part of the prior standard of living during the marriage? Is there an apparent increase in his/ her standard of living? These are but a few of the behaviors I would inquire of to determine if a substantial change has occurred. I hope this helps. Again, each case is dependent on it’s own particulars. If you have any additional questions, please feel free to call my Office to schedule a free initial consultation.

By: Kathryn

Kathryn — Wed, 17 Aug 2011 23:59:22 +0000

I would love to hear an answer to Alicia’s question above. It would only seem fair that a supportive relationship being a financial resource for the payee would work the same way for the payor… It may not increase alimony but should definitely be a good defense against a request to reduce or terminate alimony if the ex husband isnt gainfully employed anymore but his live in girlfriend pays his bills etc… If you can answer, please do! :)