Modification of alimony without limit


#1

Hello,

I was divorced in 2004 and have been paying $2000 / month in alimony. This was specified in a separation agreement which was incorporated into the divorce. It was not court ordered.

In the separation agreement, no end date was specified. We were married for 13 years and I have been paying the alimony for the past 14 years.

I have had two children since 2004 ( 10 and 3 ). I am solely responsible for the 3 year old and share custody of my 10 year old.

I have worked two full time jobs since 2004 to be able to afford the alimony payments and meet my other financial obligations.

I would like to modify the alimony so that it is completely removed or substantially reduced or at least an end date specified.

I understand that largely depends on changed financial state, but I am concerned that since I’ve been working two full time jobs for so long I won’t be able to show via tax returns that I can’t afford the payments.

But I am 52 and am tired of working two jobs and would like to be able to start saving for retirement.

Is there any basis for modification based on length of time payments have been made? What would I have to show to get the alimony reduced or eliminated? I want to take some action on this as soon as possible but I don’t want to throw good money after bad if there is little likelyhood that I can get a change approved in the courts.

Thoughts?


#2

Since your alimony terms have been incorporated into the divorce judgment, then you will have to show that there is a substantial change in circumstances has occurred since the alimony terms became incorporated. Unless your income has been reduced due to no fault of your own (i.e. you weren’t terminated/fired from a position) you may not be able to show the required substantial change in circumstances.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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