Modifying Maintenance If Large Inheritance Is Received

divorce lawyer Kristen BuzzelliQuestion:

I pay maintenance/alimony to me ex-wife, who recently received a large inheritance after her father died.

As a result, her standard of living is now significantly higher than mine, and I’m still paying her child support and maintenance.

Do I have any chance of success in modifying or eliminating maintenance entirely?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.

The ability to modify maintenance depends a great deal on the wording of your divorce judgment.

If your case was tried before a judge, then the divorce statute where I practice states that the district court can modify your maintenance award. If your case was settled out of court, you will have to check your divorce decree to see if the maintenance award is modifiable.

In order to modify maintenance you will have to prove to the court that there is a “material change in circumstances.” The definition of material change varies from judge to judge, but typically these circumstances may include dramatic changes in income, relocation to another state, or problems relating to the proper care of his minor children.

Additionally, child support is also modifiable based on “material change in circumstances” so you may want to look into a Motion to Modify Maintenance and Child Support.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Kristen M. Buzzelli, contact Cordell & Cordell.

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