Question:
My ex-wife’s alimony payments are due to terminate at the end of the year. She is now seeking to increase the amount of child support she receives due to the change in income that the alimony termination presents.
Since alimony paid/received is considered income, will this change in income be considered a change in circumstance that entitles her to modify the child support order?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information regarding your situation.
In Virginia, alimony is part of the child support guidelines therefore termination of said support would generally be considered a change in income for the purpose of re-calculating or modifying child support.
However, every state has their own standard regarding what constitutes a change in circumstances to qualify for a modification of child support. It would be advisable to consult with a licensed attorney in your state to find out if the loss of alimony qualifies as a change of circumstance for child support modification.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Jonah Dickey, contact Cordell & Cordell.
I was divorced in Pensacola, Florida, but have since remarried and am living in Alabama. The terms of my divorce included a $2000 per month alimony payment to my ex-wife, payable until she dies or remarries. Am I still liable to pay alimony when I retire and have only social security as my income?