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  #1  
Old 04-25-2006, 09:58 PM
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Join Date: Jul 2004
Posts: 25

Modification of Alimony - PA


What is the name of your state? Pennsylvania
He lives in Mississippi now

My fiance' divorced his wife 9+ years ago. (Due to shock of divorce after 25 + years he had no attorney and agreed to everything she and her attorney requested/wanted), She got everything in divorce...House, personal property and belongings, cars. He left with a suitcase and moved south to start all over again

He was ordered to pay child support until the last of 5 children turned 18. And pay $550.00a month alimony until she turns 65. The daughter turned eighteen 8 years ago. He continues to pay the alimony and has NEVER been late or missed a payment. Even after Hurricane KAtrina, he lost everything, his home, all personal belongings, his two cars....I mean Hurricane Katrina took it all. He still never missed a payment. Sends it directly to Pennsylvania Family court (someplace like like) They send him the bill for alimont every month.

What are the chances of him getting a modification to cease payments? Can he send letter for modification? The only thing I found on internet were addresses to attorneys in PA.make an appointment, etc. No option for mail correspondence to request modification or telephone advice/options.... He has to go to PA!?.

He is a very kind, responsible gentleman....lives life by the book (kinda LOL). He believes that since it was a court order he HAS to and will pay it... I tell him that any court would agree to modify this order...that payments can be stopped or modified... he is not making as much money, he has lost eveything, first by his ex-wife, then again by KAtrina. She has cohabitated with a man, he knows of, a few years back, but hasn't spoken to her in a couple years.

Sorry, I wrote such a long letter, got carries away!! But, this upsets me so much, I know it shouldn't, but it does! This money could be used for our future

Thank you.
  #2  
Old 04-26-2006, 07:46 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,818
Quote:
Originally Posted by just4ladejane
What is the name of your state? Pennsylvania
He lives in Mississippi now

My fiance' divorced his wife 9+ years ago. (Due to shock of divorce after 25 + years he had no attorney and agreed to everything she and her attorney requested/wanted), She got everything in divorce...House, personal property and belongings, cars. He left with a suitcase and moved south to start all over again

He was ordered to pay child support until the last of 5 children turned 18. And pay $550.00a month alimony until she turns 65. The daughter turned eighteen 8 years ago. He continues to pay the alimony and has NEVER been late or missed a payment. Even after Hurricane KAtrina, he lost everything, his home, all personal belongings, his two cars....I mean Hurricane Katrina took it all. He still never missed a payment. Sends it directly to Pennsylvania Family court (someplace like like) They send him the bill for alimont every month.

What are the chances of him getting a modification to cease payments? Can he send letter for modification? The only thing I found on internet were addresses to attorneys in PA.make an appointment, etc. No option for mail correspondence to request modification or telephone advice/options.... He has to go to PA!?.

He is a very kind, responsible gentleman....lives life by the book (kinda LOL). He believes that since it was a court order he HAS to and will pay it... I tell him that any court would agree to modify this order...that payments can be stopped or modified... he is not making as much money, he has lost eveything, first by his ex-wife, then again by KAtrina. She has cohabitated with a man, he knows of, a few years back, but hasn't spoken to her in a couple years.

Sorry, I wrote such a long letter, got carries away!! But, this upsets me so much, I know it shouldn't, but it does! This money could be used for our future

Thank you.
Oh really? You know that the court would modify it? How do you know that? He agreed. Unless he put in stipulations and the order says that it is modifiable he has to continue to pay it until she reaches 65.
  #3  
Old 04-26-2006, 08:25 AM
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Join Date: Nov 2005
Posts: 4,252
Quote:
Originally Posted by Ohiogal
Oh really? You know that the court would modify it? How do you know that? He agreed. Unless he put in stipulations and the order says that it is modifiable he has to continue to pay it until she reaches 65.
He was ORDERED.
  #4  
Old 04-26-2006, 01:02 PM
Senior Member
 
Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by just4ladejane
What is the name of your state? Pennsylvania
He lives in Mississippi now

My fiance' divorced his wife 9+ years ago. (Due to shock of divorce after 25 + years he had no attorney and agreed to everything she and her attorney requested/wanted), She got everything in divorce...House, personal property and belongings, cars. He left with a suitcase and moved south to start all over again

He was ordered to pay child support until the last of 5 children turned 18. And pay $550.00a month alimony until she turns 65. The daughter turned eighteen 8 years ago. He continues to pay the alimony and has NEVER been late or missed a payment. Even after Hurricane KAtrina, he lost everything, his home, all personal belongings, his two cars....I mean Hurricane Katrina took it all. He still never missed a payment. Sends it directly to Pennsylvania Family court (someplace like like) They send him the bill for alimont every month.

What are the chances of him getting a modification to cease payments? Can he send letter for modification? The only thing I found on internet were addresses to attorneys in PA.make an appointment, etc. No option for mail correspondence to request modification or telephone advice/options.... He has to go to PA!?.

He is a very kind, responsible gentleman....lives life by the book (kinda LOL). He believes that since it was a court order he HAS to and will pay it... I tell him that any court would agree to modify this order...that payments can be stopped or modified... he is not making as much money, he has lost eveything, first by his ex-wife, then again by KAtrina. She has cohabitated with a man, he knows of, a few years back, but hasn't spoken to her in a couple years.

Sorry, I wrote such a long letter, got carries away!! But, this upsets me so much, I know it shouldn't, but it does! This money could be used for our future

Thank you.
You answered your own question. If it's court ordered, he HAS to pay.
__________________
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  #5  
Old 04-26-2006, 01:57 PM
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Join Date: Nov 2005
Posts: 4,252
Quote:
Originally Posted by ceara19
You answered your own question. If it's court ordered, he HAS to pay.
Until the order is MODIFIED.
  #6  
Old 04-26-2006, 01:58 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
JESUS H. CHRIST people. the answer is simple and not required to be pissy.

The ONLY way to modify or eliminate a support order (of which alimony is one type) is if the receiver marries, has been cohabitating as if married or dies.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #7  
Old 04-26-2006, 02:01 PM
Junior Member
 
Join Date: Jul 2004
Posts: 25

Modification of alimony PA


I used alot of "figure of speech" I know. I was upset. I know he has to pay. He knows, and as mentioned, he has never missed a payment yet, and won't in the future, as long as he has court order.

Questions:

What is the probability or possibility of him getting modification?

What grounds does the court look at for modification? Or can alimony even be modified?

Could an attorney from here, in MS, request modification to court? Or would he have to travel to PA, appear in court to do this? Who would he contact?

I know I am not very good at wording letters.

Or maybe someone knows who he can contact in PA to ask all these questions to.

THANKS
  #8  
Old 04-26-2006, 02:09 PM
Junior Member
 
Join Date: Jul 2004
Posts: 25

Thanks


THANKS Belizebreeze. I have learned (from this site) to expect remarks like this. But I still use site to ask questions...I usually get a good answer from someone, along with the "mean" remarks.

Some people are desperate for answer, know of no one to ask, are probably not happy when asking the question....come to this site for help, and unfortunately are answered not with an answer to their question, but rather with a rude, mean comment.

But to the most....they are great. THANKS.

I stated too much in letter I guess. Basically I wanted to know about modifying alimony. Steps to take when so far away.
  #9  
Old 04-26-2006, 06:19 PM
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Join Date: Nov 2005
Posts: 4,252
Quote:
Originally Posted by just4ladejane
I used alot of "figure of speech" I know. I was upset. I know he has to pay. He knows, and as mentioned, he has never missed a payment yet, and won't in the future, as long as he has court order.

Questions:

What is the probability or possibility of him getting modification?

Is the judge "pro-wife"?
Can you prove the wife is co-habitating and holding herself out to be married or tantamount to a marriage?
Has the wifes income increased unexpectedly and significantly since the alimony award?
Has the husbands income increased or decreased unespectedly and significantly since the alimony award?


You won't know the answer to this question until you try.


What grounds does the court look at for modification? Or can alimony even be modified?

Forget "grounds" for modification. There isn't any law you can cite to the court for alimony modification or termination. It is totally up to the judge to decide this. Two different judges will produce two different decisions.

Could an attorney from here, in MS, request modification to court? Or would he have to travel to PA, appear in court to do this? Who would he contact?

When two people divorce, they go their own way and start a new life. This and the above reasons are why it is rediculous to tie them together for the rest of their life with alimony. Of course the receivers of alimony (women) would disagree with that for obvious reasons.

I know I am not very good at wording letters.

Or maybe someone knows who he can contact in PA to ask all these questions to.

THANKS
You're welcome.
  #10  
Old 04-27-2006, 07:05 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,818
Quote:
Originally Posted by Bali Hai
He was ORDERED.
Actually it says in the first post that he agreed to everything that she/her attorney wanted. Which was then made an order.
  #11  
Old 04-30-2006, 02:20 PM
Senior Member
 
Join Date: May 2004
Posts: 41,453
Quote:
Originally Posted by just4ladejane
I used alot of "figure of speech" I know. I was upset. I know he has to pay. He knows, and as mentioned, he has never missed a payment yet, and won't in the future, as long as he has court order.

Questions:

What is the probability or possibility of him getting modification?

What grounds does the court look at for modification? Or can alimony even be modified?

Could an attorney from here, in MS, request modification to court? Or would he have to travel to PA, appear in court to do this? Who would he contact?

I know I am not very good at wording letters.

Or maybe someone knows who he can contact in PA to ask all these questions to.

THANKS
You got your answer from BB.
  #12  
Old 04-30-2006, 09:37 PM
Senior Member
 
Join Date: Nov 2005
Posts: 4,252
Quote:
Originally Posted by LdiJ
You got your answer from BB.
And every wife would agree with that answer.
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