Economy and alimony


#1

In this economy our/his business is not doing as well as in the past. This is actually normal for our business as we have had up and down years over the last 20+ yrs.
My question is will alimony only be figured on today’s earnings? What if last yr it was double, and next yr it is triple? Is there any modification allowed or will a judge look at the last 5 yrs or so and decide, or only go with what is made now?


#2

The courts will look at the past several years’ income in order to determine what alimony should be, however the court will not impute income to your husband if he is not depressing income in bad faith, and alimony will still be based on your need, and his ability to pay. When the business begins doing better, you may seek to have alimony modified.