Change in alimony order

[JamesSeitz]

What is the name of your state (only U.S. law)? Maine. I need to eliminate/alter an alimony order in my original divorce decree. Do I need to return to the court of the original order to do this?What is the name of your state (only U.S. law)?

[Dogmatique]

What does your court order say about alimony being modifiable?

[Ohiogal]

Originally Posted by JamesSeitz

What is the name of your state (only U.S. law)? Maine. I need to eliminate/alter an alimony order in my original divorce decree. Do I need to return to the court of the original order to do this?What is the name of your state (only U.S. law)?

You would need to return to the court of original jurisdiction IF your alimony is modifiable. If it is not modifiable it would be a wasted trip.

[JamesSeitz]

There is nothing stated in the divorce decree that addresses the issue of whether the alimony is modifiable or not. At the time of the order, my attorney stated to me that "alimony is always subject to change". I am not sure if he was referring to state law or not. I was under the impresion that if my financial situation or my ex-wife's changed that it could be brought back before a judge for review.

[Ohiogal]

Originally Posted by JamesSeitz

There is nothing stated in the divorce decree that addresses the issue of whether the alimony is modifiable or not. At the time of the order, my attorney stated to me that "alimony is always subject to change". I am not sure if he was referring to state law or not. I was under the impresion that if my financial situation or my ex-wife's changed that it could be brought back before a judge for review.

Depends on exactly what it states about alimony in the decree. If it says nothing then normally it is NOT modifiable.

[JamesSeitz]

The order in the decree states that I need to pay her $600 per week. At the time I was earning $1200 per week as a pharmacist. I have since lost my license to practice pharmacy. I stated this to human services in Maine and they said they would accept $60 per week unless the order was modified. So I take it from the comments that I have received that I have no chance of appealing to a judge and no chance of modifying the original order. I am also gleaning from these comments that if my ex-wife dies, I would still be bound to the original order unless so specified. In other words there are no implied conditions in any case what so ever, that would ever change that order. This would raise another question in my mind. Would my lawyer at the time of the decree, by allowing me to accept this language in the decree, be opening himself to a malpractice suit filed by myself against him? He stated to me at the time that I should not worry about the monetary amount of the order because I could always go back and petition the court to reduce or eliminate the order. Obviously I am hearing that this is not the case.

[CourtClerk]

Under what circumstances did you lose your license?

If you lost your license through no fault of your own (say, you had a medical condition that doesn't allow you to practice), then I say go for it. If you did something illegal or unethical, I say, don't waste your time.

[JamesSeitz]

I lost my license due to the fact that I suffer from the disease of addiction. I approached my employer and asked for help. The response was that I was terminated. I completed an outpatient rehab program successfully. After much soul searching I decided that my best chance for leading a sober life was to not subject myself to the temptation to use that a continuation in a pharmacy career would entail. I returned to school while pursuing menial jobs and have earned a degree that would enable me to be licensed (despite my past drug use) to practice as a substance abuse counselor. I felt a calling to reach out and help people, like myself, that struggled with the disease. So I guess the question of why I lost my license has more than one answer. I am a recovering addict and I did something that was unethical as well as illegal. The result is the reality that, by choice, I will not be earning a 6 figure salary. I have made a concious decision not to continue my pharmacy career after 30 years. I made this decision in order to increase the chances that I will continue to live. If the alimony order is not modifiable, what difference does all this make anyway? Am I not free to choose my employment? While I was married to my ex my salary as a pharmacist also supported her 3 children from a previous marriage. Is there some law that I am not aware of that obligates me to pursue employement that results in the maximun reimbursement possible regarless of the consequences to my health, or my personal choice?

[LdiJ]

Originally Posted by JamesSeitz

I lost my license due to the fact that I suffer from the disease of addiction. I approached my employer and asked for help. The response was that I was terminated. I completed an outpatient rehab program successfully. After much soul searching I decided that my best chance for leading a sober life was to not subject myself to the temptation to use that a continuation in a pharmacy career would entail. I returned to school while pursuing menial jobs and have earned a degree that would enable me to be licensed (despite my past drug use) to practice as a substance abuse counselor. I felt a calling to reach out and help people, like myself, that struggled with the disease. So I guess the question of why I lost my license has more than one answer. I am a recovering addict and I did something that was unethical as well as illegal. The result is the reality that, by choice, I will not be earning a 6 figure salary. I have made a concious decision not to continue my pharmacy career after 30 years. I made this decision in order to increase the chances that I will continue to live. If the alimony order is not modifiable, what difference does all this make anyway? Am I not free to choose my employment? While I was married to my ex my salary as a pharmacist also supported her 3 children from a previous marriage. Is there some law that I am not aware of that obligates me to pursue employement that results in the maximun reimbursement possible regarless of the consequences to my health, or my personal choice?

How long were you married, how old is your ex, and what is her employment status? Did your addiction have anything to do with the end of your marriage?

[Dogmatique]

You apparently chose to support your exwife's children though - and while I think this is admirable and honorable it wasn't your legal responsibility. You chose to do that.

You are of course free to choose employment; but you're also somewhat (if not completely) obligated not to become deliberately underemployed. Addiction is not always considered a disease, and some courts will take a somewhat dim view of using addiction as a reason why you can't fulfill your obligations.

In regards to the following, was there a criminal act involved which led to your termination? It's a little unclear as to what actually happened, and it could make a difference.

I lost my license due to the fact that I suffer from the disease of addiction. I approached my employer and asked for help. The response was that I was terminated. I completed an outpatient rehab program successfully.

am a recovering addict and I did something that was unethical as well as illegal

You absolutely should speak with an attorney.

[Bali Hai]

Originally Posted by Ohiogal

Depends on exactly what it states about alimony in the decree. If it says nothing then normally it is NOT modifiable.

Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
Part 2: MARRIED PERSONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
Chapter 29: DIVORCE HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
Subchapter 2: SPOUSAL SUPPORT AND PROPERTY RIGHTS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
§951-A. Spousal support



[i]4. Modification. An award of spousal support is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification.
[ 1999, c. 634, §3 (NEW) .]

[JamesSeitz]

We were married 19 years. She is 62 years old. I do not know her employment status. Addiction has been considered a disease by the American Medical Association since the mid 1950's. I am not deliberately choosing to be underemployed, nor using addiction as an excuse for leaving pharmacy. After 30 years I am choosing not to continue in pharmacy for many reasons, one of which happens to be my addiction. Others iinclude the fact that I hate the job and have a left knee that will not withstand 12 hours of standing on cement. I am choosing my new line of work because I believe it worthwhile, even if it does not pay as well as pharmacy. I fully intend to make as much money as possible in the field. The reason for the divorce was incompatibility and money. Substance abuse only became a problem in the years following.

[LdiJ]

Originally Posted by JamesSeitz

We were married 19 years. She is 62 years old. I do not know her employment status. Addiction has been considered a disease by the American Medical Association since the mid 1950's. I am not deliberately choosing to be underemployed, nor using addiction as an excuse for leaving pharmacy. After 30 years I am choosing not to continue in pharmacy for many reasons, one of which happens to be my addiction. Others iinclude the fact that I hate the job and have a left knee that will not withstand 12 hours of standing on cement. I am choosing my new line of work because I believe it worthwhile, even if it does not pay as well as pharmacy. I fully intend to make as much money as possible in the field. The reason for the divorce was incompatibility and money. Substance abuse only became a problem in the years following.

The bolded is going to hurt you more than anything else.

[Bali Hai]

Originally Posted by LdiJ

The bolded is going to hurt you more than anything else.

I agree, and it doesn't matter to the court how old OP is. He could be 102!!

[Dogmatique]

Agreed.

OP, the bolded in this sentence also hurts you:

After 30 years I am choosing not to continue in pharmacy for many reasons, one of which happens to be my addiction

You are actually voluntarily becoming underemployed.

One factor to help mitigate would be if your condition would qualify you for SSDI/SSI.

You NEED to speak with an attorney, but this in addition to your ex-wife's age would make it unlikely you can successfully motion for a downwards modification.