What is the name of your state? Ohio
I am posting this question for some friends of mine. Jim was married to a woman (quite a while ago) for only 4 years. He was ordered to pay alimony, and at the time, the court did not maintain jurisdiction to modify or cancel the alimony (I don't think its in his papers, but I will look). This man has been paying alimony to his ex wife for nearly 15 years for a 4 year marriage!! How (or can) he get out of it???
I really don't know the "specifics" of the case yet, but as I get them, I will post the additional info.
He was divorced between May 2, 1986, and before January 1, 1991. Here's what the ORC says about it (and this is why I'm asking):
"If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:
(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(F) For purposes of divisions (D) and (E) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses.
They are unsure how to (and if they can) proceed.
It doesn't seem fair that he was only married for 4 years and paying alimony for life...
Thanks.
Sky
I am posting this question for some friends of mine. Jim was married to a woman (quite a while ago) for only 4 years. He was ordered to pay alimony, and at the time, the court did not maintain jurisdiction to modify or cancel the alimony (I don't think its in his papers, but I will look). This man has been paying alimony to his ex wife for nearly 15 years for a 4 year marriage!! How (or can) he get out of it???
I really don't know the "specifics" of the case yet, but as I get them, I will post the additional info.
He was divorced between May 2, 1986, and before January 1, 1991. Here's what the ORC says about it (and this is why I'm asking):
"If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:
(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(F) For purposes of divisions (D) and (E) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses.
They are unsure how to (and if they can) proceed.
It doesn't seem fair that he was only married for 4 years and paying alimony for life...
Thanks.
Sky
