Modifying Alimony If Ex-Wife Has Another Child

advice on divorceQuestion:

Can I get my alimony payments modified if my wife is pregnant with another child?

I pay her monthly alimony, but since she is pregnant with another man’s child I don’t feel that I should have to pay her when the money will be spent on a child that is not mine.

Is my ex-wife having another child reason enough for an alimony modification?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

In most states, alimony awards are modifiable upon a showing that there has been a permanent substantial change of circumstances affecting either the need of the person receiving the alimony or the ability of the other party to pay.

Where I practice, courts have found certain situations constitute such permanent substantial change. For instance, if you can show your now pregnant ex-wife is voluntarily living with a member of the opposite sex, i.e., living together continuously in a sexual relationship without marriage, you may be able to reduce or terminate your payments.

This may be your best bet as it is clear from her pregnancy that she is sexually active with another man. If the two of them are living together, you have a good shot at reducing your alimony payments if not ending them altogether.

Divorce Resources:

State Alimony Laws

Alternatively, if your ex-wife gets remarried or dies, your alimony obligation terminates. I’d strongly recommend you seek the counsel of an experienced divorce lawyer for men as you move forward with a possible alimony modification.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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