Alimony with disability


#1

My alimony is set up through garnishment and directly deposited into my account. My ex has a life threatening disease and will soon be getting permanent disability checks. therefore no longer will he be getting a paycheck through his company. Though his disability pay will only be 65 percent of his employment check how is this viewed through the court system. Is he still required to pay my full alimony even though no payroll deduction will take place AND less money coming in? With recently being remarried and his illness he says he cannot afford to pay any longer. Do we need to let the judge decide on this again?? Please advise…Thanks!


#2

Court ordered alimony is modifiable, and a decrease in income is one reason the paying party could seek a modification. The burden is on your husband to be proactive in seeking the modification. So long as there is a court order in place requiring him to pay a certain amount, he is obligated to do so. If he simply quits paying, you can file a motion for order to show cause and seek to have him held in contempt.