Is it possible to have alimony modified or stopped?

[LanaandSara]

What is the name of your state (only U.S. law)? Divorce was granted in Kentucky (Mason County).

My question is this: My husband was married a total of 24 years. At the time of their divorce in 2000, his wife had obtained a very good job at Xerox. Their 2 children were grown and my husband was supporting their son through college. She kept most of the marital assets, ie; home, furniture, car etc. My husband agreed to lifetime alimony of $1200 a month for her. Obviously this ends if she dies or remarries. In the last 8 years, she has gone on disabilty (she claims mental instability), but works under the table. In February 2008 my husband was forced to sell his business and is now receiving unemployment. His income has gone from $150,000 a year to $20,000 a year. He is hoping to either start a new business or find a job as soon as possible. Obviously we received income from the sale of the business, but it only amounts to $270,000 to be paid to us over 3 years in 3 lump sum payments. Is there any way at all that we could ever have these payments modified or at the very best, ELIMINATED? We will both have to work until we die to continue making these payments each and every month. This is a huge economic strain on us and we have no idea what to do. We retained an attorney, gave him our retainer fee and have been unable to reach him or get any information from his staff for over 6 weeks now. I am willing to file pro se, if we at all have a shot at this! I figure we have nothing to lose. Again, this was not ordered after a divorce trial- it was agreed to by my husband. (What attorney in their right mind would ask their client to sign off on such an agreement?) I would love some input from the legal community. We're desperate!What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Divorce was granted in Kentucky (Mason County).

My question is this: My husband was married a total of 24 years. At the time of their divorce in 2000, his wife had obtained a very good job at Xerox. Their 2 children were grown and my husband was supporting their son through college. She kept most of the marital assets, ie; home, furniture, car etc. My husband agreed to lifetime alimony of $1200 a month for her. Obviously this ends if she dies or remarries. In the last 8 years, she has gone on disabilty (she claims mental instability), but works under the table. In February 2008 my husband was forced to sell his business and is now receiving unemployment. His income has gone from $150,000 a year to $20,000 a year. He is hoping to either start a new business or find a job as soon as possible. Obviously we received income from the sale of the business, but it only amounts to $270,000 to be paid to us over 3 years in 3 lump sum payments. Is there any way at all that we could ever have these payments modified or at the very best, ELIMINATED? We will both have to work until we die to continue making these payments each and every month. This is a huge economic strain on us and we have no idea what to do. We retained an attorney, gave him our retainer fee and have been unable to reach him or get any information from his staff for over 6 weeks now. I am willing to file pro se, if we at all have a shot at this! I figure we have nothing to lose. Again, this was not ordered after a divorce trial- it was agreed to by my husband. (What attorney in their right mind would ask their client to sign off on such an agreement?) I would love some input from the legal community. We're desperate!What is the name of your state (only U.S. law)?

Does the paperwork state that it is modifiable? That is the key. However, for at least the next 3 years, your husband is going to have large chunks of money available from which to pay that alimony. It may not be as much as he has been used to having, but its still a nice chunk of change, and he only has to pay capital gains tax on whatever portion of it is in excess of his basis....so he will be also paying a LOT less tax than he was paying on his 150k in income.

 

[LanaandSara]

The paperwork does not mention anything about it being modifiable- meaning, not modifiable or that it is modifiable. He says, there is no mention of that anywhere in the decree. Is there any defense here at all? One other thing which might make a difference (I work for a Juvenile Court Judge so I understand all about professional courtesy and politics), the Judge who signed off on the decree is deceased. Does this change your mind at all?

 

[Ohiogal]

Not modifiable at all.

 

[Farfalla]

What are you doing about the attorney who took your money and is not returning your calls?

What did that attorney tell you, or rather your husband, about whether or not it can be modified?

 

[LdiJ]

The paperwork does not mention anything about it being modifiable- meaning, not modifiable or that it is modifiable. He says, there is no mention of that anywhere in the decree. Is there any defense here at all? One other thing which might make a difference (I work for a Juvenile Court Judge so I understand all about professional courtesy and politics), the Judge who signed off on the decree is deceased. Does this change your mind at all?

The fact that the judge is deceased is irrelevant. As OG says, it appears that the decree is not modifiable. Its also possible that your husband agreed to the alimony taking other consideration in mind. For example, she probably would have been entitled to 1/2 of his business, half of his retirement funds etc., and it doesn't appear that she got any portion of those, so unless the home equity equalled that, the alimony may also have taken those into consideration.

You weren't privy to what they agreed to at the time and why. Apparently you also haven't read the divorce decree yourself either.

Its also a bad sign when an attorney takes your money and then has no contact with you at all for six weeks.