spousal support

[plcmaher]

My husband and I live in Il. He was divorced in WY. His ex remarried last March and we went for a modification to terminate alimony. He pays $2400.00 a month! 65% of his take home pay. We also pay for 20year old daughter apt and college costs. No other children at home. Oldest is married and we paid for the wedding. We are going farther and farther in debt. Just before Thanksgiving we had the hearing and the modification was denied. Very upsetting.It was heard by a magistrate because the judge was in the hospital. We are filing an objection for the judge to see. We cannot pay this enormous sum anymore. We will appeal to if the objection doesn't work. I am at a loss. I think the atty failed and we did too by trusting her. The ex is also working full time now (was working 20hr/week) and has not provided us with her pay info as she should per their agreement as his payments should be reduced by half of what her increase is. Technically she is in contempt then. But so will we be soon as we can't continue to pay so much. Any advice or help?????

 

[LegalBeagle]

My husband and I live in Il. He was divorced in WY. His ex remarried last March and we went for a modification to terminate alimony. He pays $2400.00 a month! 65% of his take home pay. We also pay for 20year old daughter apt and college costs. No other children at home. Oldest is married and we paid for the wedding. We are going farther and farther in debt. Just before Thanksgiving we had the hearing and the modification was denied. Very upsetting.It was heard by a magistrate because the judge was in the hospital. We are filing an objection for the judge to see. We cannot pay this enormous sum anymore. We will appeal to if the objection doesn't work. I am at a loss. I think the atty failed and we did too by trusting her. The ex is also working full time now (was working 20hr/week) and has not provided us with her pay info as she should per their agreement as his payments should be reduced by half of what her increase is. Technically she is in contempt then. But so will we be soon as we can't continue to pay so much. Any advice or help?????

Well, you have appeal so that is all you can do.. What was the reason the magistrate gave for denying the petition ? It would seem pretty straight forward if she has remarried. Are the terms of the alimony standard, as in it is cancelled if she remarries ??

Also, you should bring contempt charges on her for not following the court order. You can ask for repayment and attorney fees.

 

[plcmaher]

It was not specified one way or the other in the decree. This is the bad part we are told. The atty cited a case indicated that remarriarge terminates alimony but the magistrates response was he never heard of that case and things he had read showed differently. Strange response, don't you think?
Yes, the contempt is probably a good thing to do. When that is done can remodification of support be discussed at that time, too?