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Modify Divorce Decree?

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What is the name of your state? Arizona

I have filled out papers from online to file against my x that hasn't paid alimony. The divorce was 18 yrs ago. The order stated that I recieve $200.00 a month until I remarry or until the day I die.

I was told that I can get an increase in alimony. Is this true? How do I know if the divorce can be modified?
Another question, when I was recieving child support, his wife's income was included in the decision on how much my son would get.. Would her income also factor in to how much alimony might increase, if applicable?
Thank you for any input.. I appreciate it greatly..
K
 


nextwife

Senior Member
Why would you think the guy's WIFE has any duty to support your kids, much less YOU? It is possible the court erred when it used her income. She should have NO duty to support your kids or yourself.

Who told you you can get an increase? On what basis?
 

auntyrae

Member
You will take your ex back to court for non payment of alimony and ask that the order be modified. His new wife's income is considered because Arizona is a community property state.
 

I AM ALWAYS LIABLE

Senior Member
auntyrae said:
You will take your ex back to court for non payment of alimony and ask that the order be modified. His new wife's income is considered because Arizona is a community property state.


My response:

WRONG, WRONG, WRONG!!

This divorce occurred 18 years ago when "household" income was considered. That's why the wife's income was included. It's not that way today.

It's not because Arizona is a Community Property State. When she goes back for her ex's Contempt of Court, only her ex's income will be considered.

IAAL
 

kazmomma

Junior Member
Do you know how rude you sound?

nextwife said:
Why would you think the guy's WIFE has any duty to support your kids, much less YOU? It is possible the court erred when it used her income. She should have NO duty to support your kids or yourself.

Who told you you can get an increase? On what basis?
I've been browsing this board for several days and I've come across several of your posts that really come across as absolutely rude. Do you mean to sound this way? Is it intentional? Or am I just completely mis-reading the "sound" of your typing?

Just wondering? Do I misunderstand the basis of this site? To offer knowledge and answers to questions? Sometimes I get the feeling it's a legitimate site with helpful people...and other times it seems like there's just a lot of angry, antagonistic people here looking for someone to argue with.
 

auntyrae

Member
I AM ALWAYS LIABLE said:
My response:

WRONG, WRONG, WRONG!!

This divorce occurred 18 years ago when "household" income was considered. That's why the wife's income was included. It's not that way today.

It's not because Arizona is a Community Property State. When she goes back for her ex's Contempt of Court, only her ex's income will be considered.

IAAL
How long has it not been that way? About 4 years ago in CA, an attorney told my sister that her income would be considered toward her new husband's ex-wife's support because of community property law. (I thought it was crazy at the time..)
Thanks for the correction
 

I AM ALWAYS LIABLE

Senior Member
auntyrae said:
How long has it not been that way? About 4 years ago in CA, an attorney told my sister that her income would be considered toward her new husband's ex-wife's support because of community property law. (I thought it was crazy at the time..)
Thanks for the correction
My response:

Effective January 1, 1994, new mate income "shall not" be considered in fixing child support or spousal support except in specified extraordinary circumstances. [Ca Fam § 4057.5(a) & (b)]

Enactment of § 4057.5 "itself constitutes cause to bring an action for modification of a child support order" entered before the statute's 1/1/94 operative date: i.e., any pre-1994 child support order based on a consideration of new spouse/nonmarital partner income is per se modifiable to delete such income from the support calculation except as otherwise permitted by the statute. [Ca Fam § 4057.5(e)]

IAAL
 
auntyrae said:
You will take your ex back to court for non payment of alimony and ask that the order be modified. His new wife's income is considered because Arizona is a community property state.

OOPS!!!!!! I am sorry.. I forgot to mention that the divorce was in the FLORIDA COURT SYSTEM! PLEASE accept my Apologies to all that have answered in Ref: to the ARIZONA laws... I AM in Arizona, but the divorce was settled in Florida..
Sorry for inconveniencing anyone...

K~Walkssoftly :eek:
 

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