The Judge at the time of divorce did not let me or my lawyer speak, I had proof that when she left me and the kids 25 years ago that she was paying me child support...She has never looked back or cared about my sons at all. So, I thought it was not fair that I have to pay her alimony for life, especially now that I don't work anymore or make the money I use to make and my health in failing...I need to find out if there is anything I can do.
Anytime you can establish a significant, permanent change of circumstances you are entitled to seek a review and possible modification of a support obligation (alimony).
You will need to provide the court with evidecne of what your income was at or about the time the alimony obligaiton was set vs. your current income (once you are limited to disability payments). If you current income is significantly lower than your annual income at the time your alimony obligation was set you will have established a prima facia case of changed circumstances.
Please note that there are additional facts and circumstances relevant to providing a complete analysis of your situation. Accordingly, you should schedule an apointment with an experienced family law attorney who can take the time to review with you all such relevant facts and circumstances, so that you can determine whether it will be worth the effort of seeking a modification from the court.
Kenneth A. White, Esq.
Shane and White, LLC
1676 Route 27
Edison, NJ 08817
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Get proof from your doctors of your medical condition, apply for social security, and file a motion to reduce/terminate alimony, not in that order.
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Family Law Attorney
I agree with my colleagues. Significant and permanent changes in your health which result in an inability to work because of a disability and the receipt of permanent disability benefits are generally considered sufficient changed circumstances to warrant a review of spousal support. However, you really do need to speak with an attorney, because there may be other issues involved, or your Settlement Agreement or Judgment of Divorce may contain specific provisions governing modification of support which must be taken into account. I suggest you speak with an attorney regarding the modification of support as soon as possible.
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