We are going for a permanent alimony trial within the next few months. My exs income has been reduced but he is remarried and his expenses have stayed the same. My expenses have also been the same (or more) since the PSS award. If I understand correctly, alimony is more based on dependent spouse (which I am) and my needs. But, also on his ability to pay.

Is it possible to subpoena the income and expenses of both him and his new spouse, as I feel they are spending beyond their means, just so he can say that he doesn’t have the ability to pay.



Your spouse will be required to submit a financial affidavit showing his expenses. It will then be up to the court to determine which of those expenses are reasonable and necessary.