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  #1  
Old 01-17-2008, 11:51 PM
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Join Date: Jan 2008
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Modifiable?


What is the name of your state? Arizona

I lost my job, and my ex knows it and she is willing to have my alimony reduced since my income was cut in half.

I can't tell if my decree is modifiable or not with regards to alimony. When discussing the amounts and time, it states: "Spousal Maintenance shall terminate upon the death or remarriage of Wife and shall be non-modifiable as to amount and or duration except as specifically provided in the Decree of Dissolution." Then, on the next page in its own paragraph, "Modification will not be made except in writing, and failure to insist on strict performance of any provision will not be deemed a waiver of rights."

Ok, I give up, can anyone clear this up for me?
Thanks
LmWhat is the name of your state?
  #2  
Old 01-18-2008, 07:38 AM
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Join Date: May 2004
Posts: 41,453
Quote:
Originally Posted by lmitchell95 View Post
What is the name of your state? Arizona

I lost my job, and my ex knows it and she is willing to have my alimony reduced since my income was cut in half.

I can't tell if my decree is modifiable or not with regards to alimony. When discussing the amounts and time, it states: "Spousal Maintenance shall terminate upon the death or remarriage of Wife and shall be non-modifiable as to amount and or duration except as specifically provided in the Decree of Dissolution." Then, on the next page in its own paragraph, "Modification will not be made except in writing, and failure to insist on strict performance of any provision will not be deemed a waiver of rights."

Ok, I give up, can anyone clear this up for me?
Thanks
LmWhat is the name of your state?
If she is truly in agreement to reduce the alimony payments, then the alimony can be modified.
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  #3  
Old 01-18-2008, 08:33 AM
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Join Date: Nov 2005
Posts: 4,252
Quote:
Originally Posted by lmitchell95 View Post
What is the name of your state? Arizona

I lost my job, and my ex knows it and she is willing to have my alimony reduced since my income was cut in half.

I can't tell if my decree is modifiable or not with regards to alimony. When discussing the amounts and time, it states: "Spousal Maintenance shall terminate upon the death or remarriage of Wife and shall be non-modifiable as to amount and or duration except as specifically provided in the Decree of Dissolution." Then, on the next page in its own paragraph, "Modification will not be made except in writing, and failure to insist on strict performance of any provision will not be deemed a waiver of rights."

Ok, I give up, can anyone clear this up for me?
Thanks
LmWhat is the name of your state?
Well let's put it this way: If the alimony is not modifiable and you have no way to pay despite a rediculous court order, then she is just SOL!!

Even a court can't get blood out of a stone despite what people think!!
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