Question:
During my divorce, the economy tanked and my assets in the business were severely diminished even though alimony was based on my income when my business was thriving..
After a few years of unemployment, I finally had to settle for a position that pays half of what I was making. I can no longer pay the original amount of alimony.
Is it possible to get the spousal support reduced or eliminated even if my divorce decree does not indicate what events would trigger an alimony modification?
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 Nebraska and Iowa divorce laws where I am licensed to practice.
Many states have alimony laws that govern the termination of alimony payments. Therefore, although a decree may be silent as to how alimony may terminate, the alimony statute should provide for the termination upon certain life events, such as death or remarriage.
Beyond the life events of death or remarriage, where I practice, spousal support can be modified by a material change of circumstance, including financial positions of the parties.
Further, a change in position and inability to earn a living at a previously determined salary is a material change, so long as it is through no fault of the obligor.
Based on the facts you provided, it does not sound as though you committed voluntary wastage, so you may have an action for a modification of the amount of alimony owed.
That being said, it does not mean the state withholding agency or court system will automatically check to see if the party receiving alimony has had a life event that would terminate the support payments.
Therefore, you would still need to file a Motion, Petition, and/or Complaint to stop or modify the spousal support payments.
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 Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
Finances
I understand that you cannot answer specifically for each individual and their particular case however, I divorced my ex-wife in 2003 and mistakenly decided not to take her to court because of finances, I was already indebted to my previous lawyer in excess of $13K. Regardless, upon signing my divorce papers in the presence of a new lawyer I didn’t realize that my ex and her lawyer had changed the reason for divorce from adultery to irreconcilable differences which she has used against me since in that, SHE states I was the one that committed adultery, thus, defaming my character. Second, I’ve always loved my sons and her lawyer wrote the decree such that I would see my sons 6 days every 2 weeks and my ex, 8 days and the schedule is such that my sons are being shuffled back and forth 4 times ever two weeks. Third, the last year of our marriage, my ex-wife was making ~$17K more than me and I didn’t notice that on the divorce decree she had placed she was making >$6K less than me, another lie. I recently asked for her 2003 W2s knowing she would not remember what she stated simply due to the fact that a liar cannot keep up with all their lies and indeed, her W2s displayed a salary greater than mine by $17K. I am not paying any alimony however, both my ex and her lawyer signed this decree which to me is a contract and NOW proven fraudulent. My ex has taken my sons for a greater period of time, I am paying insurance (dental and medical), she has the ring, a covenant per my Catholic religion which she broke and currently I am trying to have the decree changed.
After sharing this novella, my question is, how much does her lying about her salary, my divorce from her, and the falsities she has claimed about me impact a change in my favor, as I certainly believe her actions should be in my favor.
Kind regards,