If a dependent spouse ( and one who traditionally has been very dependent with the other spouse making substantially more money), has been awarded the marital home then I would think they would make consesions for that dependent spouse to afford to live in that home (what good is big home if you can not pay the bills)
Unless they think the spouse wishes to sell the home
But if it is clearly stated by the dependent spouse that they do not wish to sell and wish to live in the marital home with the children, then they should be also awarded funds in ED to afford the home.
Just my thought
(I have been to court three times now and I see a trend, at least with my judge) She is making her decisions based on the children’s needs, and what is right and fair for them. I would think then that a judge would make sure the spouse living in the home, taking care of the kids, had the funds to do so.
I cannot answer this without reviewing all of the facts in your case. If there is a drastic change in your expenses it might justify a change in alimony, but generally the amount won’t be changed simply because your mortgage decreases.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Due to my financial circumstances, I have been forced to leave the marital home which I received in equitable distribution. I have been forced to downsize due to my economic situation as I cannot any longer afford to live in a 350,000 house on an income that is less than l8% of the total marital income! I am afraid my ex will petition the Court for a reduction in alimony and child support since I have no choice but to further reduce my standard of living! Can he possibly do this and further deprive me? I have got to live within my means and moving from my home is the only choice I have! Are there any precedents for this? I know I will be hauled back to Court over this issue. Believe me, I will be hauled back to Court!