Question: When Your Ex Goes After Alimony Reduction?

Can spousal maintenance be reduced?

If you and your spouse cannot agree a reduction in maintenance then you will need to make an application to the Court to vary the spousal maintenance. If the receiving spouse’s income position has improved then the paying party can also apply to the Court for the maintenance to be reduced or brought to an end.

What happens to my alimony when my ex retires?

When a payor retires, his or her income may be significantly reduced. Even if a payor’s decision to retire was reasonable, and at an appropriate age, a court may decide only to reduce the amount of alimony, but not terminate it. Receiving Spouse’s Circumstances.

What can cancel alimony?

The most common circumstances that lead to the termination of spousal support include:

  • The remarriage of your ex-spouse.
  • The death of your ex-spouse.
  • The cohabitation of your ex-spouse with another person.
  • The changed financial circumstances of you or your ex-spouse. X Research source X Research source
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Do you still have to pay alimony if your ex remarries?

Yes. The obligation to pay future alimony ends when the supported spouse remarries. The paying spouse may stop payments immediately—without a court order ending alimony. The paying spouse doesn’t have to return to court—payments may simply stop as of the date of the marriage.

What happens if you stop paying spousal support?

If spousal support is repeatedly not paid, a wage garnishment can be instated to include the spousal support amount plus an additional amount to cover the arrearage. Not paying your spousal support may result in the court charging you with Contempt of Court, which is a serious charge that can result in jail time.

When can I stop paying spousal maintenance?

Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”). Spousal maintenance ends if the recipient remarries or if either party dies.

Does alimony ever stop?

In California, the obligation to pay future alimony automatically ends when the supported spouse gets remarried. Under state law, the paying spouse does not need to file a motion to terminate support, and no court action is required. (Cal. Fam.

Does spousal support last forever?

Well, we’re here to tell you this is not the case. California state law dictates that spousal support is not permanent! 1) The paying spouse does not have to pay spousal support indefinitely. 2) The supported spouse is expected to become self-supporting.

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Is spousal support and alimony the same?

Alimony and spousal support are the same thing. Alimony is a more dated and archaic term that means the ex-husband or ex-wife maintains the lifestyle of their former spouse after marriage for a certain amount of time. In California, it is most often referred to by the courts as spousal support.

Do I pay alimony if she cheated?

Do You Have To Pay Alimony If Your Spouse Cheats? Cheating does not affect spousal support awards in California. The lower-earning spouse’s need for support; and. The higher-earning spouse’s ability to pay it.

How long does an ex husband have to pay alimony?

Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.

Can’t afford to pay alimony?

You might qualify for a variety of financial assistance through local, state, and/or federal programs, which in turn, may allow you to continue paying spousal support. If you find that you simply can’t afford alimony, and you can’t reach an agreement with your ex, you’ll need to ask a court for help.

Can ex wife get more alimony?

The most common answer to the question asked above is no; an increase in your income does not mean that you will have to pay more in alimony. The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer.

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How can I prove my ex wife is cohabitating?

Two fairly inexpensive and easy ways of proving a spouse is cohabitating are filing a public records request and using the power of the subpoena. Public Records Request — I typically make records request for the address in question from all law enforcement agencies in that jurisdiction.

Why does a husband have to pay alimony?

Alimony (maintenance, support or sustenance) is the financial support that is provided to a spouse after divorce. Generally, it is provided if a spouse does not have adequate means to take care of the basic needs of life.

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