Who has juridiction and is there any end?

What is the name of your state? Tennessee

My husband was divorced 5 years ago. He and his ex used the same lawyer to "save money". He paid off her new car, paid her 10,000 in "property settlement, paid off her credit card debt of 80,000 and agreed to pay 1300 a month alimony for 12 years as well as 866 in child support until their daughter reached majority. In the agreement, it states that he is to pay the alimony even if she remarries. She remarried within 30 days, was married for a year, divorced him and has remarried again. We have had to take a 60000 reduction in income because of his company going out of business and his new position pays less. We have asked the ex to at least give us time to move, find another job and get situated. She refuses to budge and says her attorney says she's entitled to 20% of his gross income and she will supeona his pay check stub and then take her 20%. My question is three-fold, first of all, the divorce was obtained in Colorado, she lives in Illinois, we live in Tennesse and are moving to Ga where his new job is. Which state has jurisdiction over this matter? Secondly, can we get a modification based on the reduced income and thirdly, is there any recourse in the matter of having to pay the alimony after she has remarried 2 times. She does not work, refuses to. She says the daughter needs her at home although the daughter is 17, is constently being ridiculed by the mother and tells us she's out of there as soon as she turns 18. Do we have any choice but to send her all the money. This will leave us with less than $1000 a month to live on if I get a job right away.

Sorry this is so long!
Thankyou for any help

Let me tell you upfront that I am not a lawyer, but I suggest you see one right away in either TN or GA.

First of all I'm sure you husband feels he made a serious error in judgement in agreeing to pay alimony even is his ex remarried. I am certain that this attorney was working for his ex and not for him. Unfortunately, Colorado allows the spouses to sign an agreement that allows for the payment of alimony (maintenance) even upon remarriage. In most states alimony/maintenance would stop upon the recipients remarriage or cohabitation - period.

However, your husband may be able to petition for modification of maintenance based on his reduced income. I suggest you both read these this link thoroughly as it pertains to CO divorce law:

[url]www.divorcenet.com[/url] - look under CO divorce law. Read some of the links, especially the main section under alimony/maintenance, the article entitled "Maintenance" from:

"C.R.S. 14-10-122 (1996) 14-10-122. Modification and termination of provisions for maintenance, support, and property disposition . The section that pertains is section 2 (this is the section that enforces your husband's signed agreement). Also in that same article is this statement:

"Modification
One who seeks to modify maintenance must show that there is a change of circumstances so substantial and continuing as to make the terms unfair. CRS 14-10-122. One who seeks to modify a decree has a heavy burden, and the issue is not whether, based on the current financial circumstances of the parties, the court would have awarded the same amount of support as incorporated in the original decree. In re the Marriage of LeBlanc, 800 P.2d 1384, (Colo App. 1990). " I suggest you read the cited article as well as it may have relevance to your husband's situation.

I hope for your husband's sake that he did not sign an agreement that the maintenance award was "unmodifiable".

I don't know if he needs to "domesticate" his divorce decree to either TN or GA first. What I do know that maintenance awards, unless the spouse that is awarded maintenance for a long term marriage, or is in generally poor health or is disabled (so has limited earning capacity, or is caring for young child(ren) or or has an older child who has a disability, most maintenance/alimony awards are not so the able-bodied receipient can sit on his/her posteriors. Even in CO most maintenance awards are rehabilitative and are designed so the recipient (provided he/she is not caring for young children) can either continue any interupted education or pursue higher education so that he/she can move beyond the need for alimony.

Maybe a judge *will* even go so far as to eliminate your husband's maintenance obligation. I don't know. But I think your husband has a strong case for modifying his obligation based on his reduced income.

I suggest seeing a good family law practioner as soon as possible to show the specific documents he signed.

I don't *think* her lawyer can just supeana (sp?) your husband's paycheck and remove 20% without a court order, and even if the lawyer does you will have proof of your husband's reduced income. And the ex's statement that her 17 year old "needs her at home" is ludicrous too. As I said before whatever court eventually hear's your case (if any - assuming the ex and your husband do not settle for a lesser amount) *may* ask the ex want she's done with the maintenance money to improve her employabilty, but again I don't know.