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Modification for termination of alimony

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Bellaocchia

Junior Member
What is the name of your state? Md

My husband was divorced in 2002 and ordered to pay 750.00/ month in Alimony till Feb of 2007 and in addition to that he pays 750.00 for child support.
At the time his ex wife was not working but became employed shortly after.
He makes 68000/yr and from what we were told 3 years ago she makes 35000/yr.
We have since had to file bankruptcy because of all the debt and she has been able to buy a new car, home, and vacations every year. She also received $160,000 cash from the sell of their home.
My question is can we modify to eliminate Alimony or reduce Alimony since she has become very well self-supporting? if so how long does the procedure usually take?
Any information you could provide would be greatly appreciated.
 


LdiJ

Senior Member
Bellaocchia said:
What is the name of your state? Md

My husband was divorced in 2002 and ordered to pay 750.00/ month in Alimony till Feb of 2007 and in addition to that he pays 750.00 for child support.
At the time his ex wife was not working but became employed shortly after.
He makes 68000/yr and from what we were told 3 years ago she makes 35000/yr.
We have since had to file bankruptcy because of all the debt and she has been able to buy a new car, home, and vacations every year. She also received $160,000 cash from the sell of their home.
My question is can we modify to eliminate Alimony or reduce Alimony since she has become very well self-supporting? if so how long does the procedure usually take?
Any information you could provide would be greatly appreciated.
If they each recieved 160,000 from the sale of the home, how in the world did he end up having to file bankruptcy for the debt? Were any of those accounts joint accounts and did the creditors go after her for any of the debt when he filed bankruptcy? (if the bankruptcy is recent you won't know the answer to that yet).

These are important questions that could have a significant impact on any attempt to modify alimony...and could put him in contempt of court if he filed against any debt that was in both names (the creditors are not party to the divorce).

He needs to consult an attorney.
 

djohnson

Senior Member
She was given alimony for a certain amount of time, not life. This is typically so she can better her life and make a good living after a long term marriage. You need to consult an attorney, but you also need a better reason than the ones here. She is doing what she was suppose to do. It's not her fault how his lifestyle has changed or turned out.
 

LdiJ

Senior Member
Bellaocchia said:
Only she received the $160,000 she got everything he received nothing.
There is a chance that you might not have heard the entire, accurate story from your husband. The odds that she was awarded all the assets, PLUS alimony, and him all the debt, is slim to none. The only way that could have happened was if the house was an inheritance to her, or he had other assets that he kept in lieu of a share of the home equity. You also haven't answered the question regarding whether or not any of the debt was joint debt...in which the creditors will be going after her for payment since your husband filed bankruptcy.

You aren't going to get good advice unless you tell the whole story.
 

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