ex got remarried

[ghbinlv]

What is the name of your state (only U.S. law)? Nevada
I pay my ex 400 per month in spousal support for 10 years. This can be modified by the court based on a change in circumstances. Its been almost 2 so far. My ex just got remarried. Does this terminate my spousal support? Do I need to go back to court? File a motion? Just stop paying? Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? Nevada
I pay my ex 400 per month in spousal support for 10 years. This can be modified by the court based on a change in circumstances. Its been almost 2 so far. My ex just got remarried. Does this terminate my spousal support? Do I need to go back to court? File a motion? Just stop paying? Thanks

You need to file in court to terminate the order based upon the remarriage. Hopefully your decree and/or the fine state of Nevada will agree that remarriage constitutes such a change in circumstances.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Nevada
I pay my ex 400 per month in spousal support for 10 years. This can be modified by the court based on a change in circumstances. Its been almost 2 so far. My ex just got remarried. Does this terminate my spousal support? Do I need to go back to court? File a motion? Just stop paying? Thanks

What does the court order say about alimony? Word for word but without names.

 

[ghbinlv]

Here it is word for word

It is further ordered, adjudged and decreed tha MY EX be awarded spousal support of $400.00 each and every month for a period of ten years, modifiable by this court upon motion or stipulation. Each quarter ME will provide to my EX proof of income during the duration of the ten year period.

 

[stealth2]

Given that wording, why would you think that you could simply stop paying? It's pretty clear that you must petition the court.

 

[mistoffolees]

Given that wording, why would you think that you could simply stop paying? It's pretty clear that you must petition the court.

I wanted to see if it is modifiable at all. Since it is, NV laws on modification would come into effect.

I found this:
Nevada Alimony Laws

Alimony automatically ceases upon death of either party, or remarriage of the spouse receiving alimony, unless otherwise ordered by the court.

I would see an attorney for a quick consultation. It is possible that alimony would cease upon the date of filing, but I'm not sure.

 

[Bali Hai]

I wanted to see if it is modifiable at all. Since it is, NV laws on modification would come into effect.

I found this:
Nevada Alimony Laws


I would see an attorney for a quick consultation. It is possible that alimony would cease upon the date of filing, but I'm not sure.

Since the NV statute is very specific that alimony automatically ceases upon remarriage, what would prevent OP to just stop paying?

 

[mistoffolees]

Since the NV statute is very specific that alimony automatically ceases upon remarriage, what would prevent OP to just stop paying?

Probably nothing. I can't imagine that OP would be found in contempt (assuming he can prove that ex got married), but if it were me, I'd want to verify with a local attorney.

 

[LdiJ]

Probably nothing. I can't imagine that OP would be found in contempt (assuming he can prove that ex got married), but if it were me, I'd want to verify with a local attorney.

Based on the way that his particular order is worded, I definitely think that he needs to consult a local attorney for verification. I think it would be risky otherwise.

 

[Bali Hai]

It is further ordered, adjudged and decreed tha MY EX be awarded spousal support of $400.00 each and every month for a period of ten years, modifiable by this court upon motion or stipulation. Each quarter ME will provide to my EX proof of income during the duration of the ten year period.

You are ordered to provide proof of income to your ex every three months, but your ex is not ordered to notifiy you of their remarriage? You haven't said your ex's gender, but I'll bet I know.

 

[Bali Hai]

Based on the way that his particular order is worded, I definitely think that he needs to consult a local attorney for verification. I think it would be risky otherwise.

What's the risk? He can't go to debtor's prison.

Judges have broad discretionary power in these matters, but they're not allowed to legislate from the bench.

 

[LdiJ]

What's the risk? He can't go to debtor's prison.

Judges have broad discretionary power in these matters, but they're not allowed to legislate from the bench.

Even if that is correct for alimony (and I am not sure it is) the judge has all kinds of other, financially painful remedies for contempt.

 

[Bali Hai]

Even if that is correct for alimony (and I am not sure it is) the judge has all kinds of other, financially painful remedies for contempt.

The judge can't ignore the NV statute.

Alimony automatically ceases upon death of either party, or remarriage of the spouse receiving alimony, unless otherwise ordered by the court.

OP's decree does not order continued alimony payments upon remarriage.

If the judge finds OP in contempt, the judge should be removed from office.

 

[LdiJ]

The judge can't ignore the NV statute.

Alimony automatically ceases upon death of either party, or remarriage of the spouse receiving alimony, unless otherwise ordered by the court.

OP's decree does not order continued alimony payments upon remarriage.

If the judge finds OP in contempt, the judge should be removed from office.

But OP's order is not silent on the issue. OP's order states that its modifiable with further court action. Your argument would be totally sound if OP's order was silent on the issue, but its not. Its vague enough that the OP should consult a local attorney to be certain that he can just stop paying and doesn't have to have the court sign off on the termination of alimony.

 

[Bali Hai]

But OP's order is not silent on the issue. OP's order states that its modifiable with further court action.

This part of the order refers to the quarterly reporting of OP's income to the ex. It means that if OP got an increase in income, the ex could seek a modification. Don't play dumb with me.

Your argument would be totally sound if OP's order was silent on the issue, but its not. Its vague enough that the OP should consult a local attorney to be certain that he can just stop paying and doesn't have to have the court sign off on the termination of alimony.

OP's order is silent on the remarriage issue and therefore the statute must be followed. I believe OP to be on firm ground to stop paying. If OP keeps paying until a judge (that doesn't even need to officially terminate the alimony) has time to hear the case, OP can kiss the money he didn't have to pay goodbye.