How can I get my alimony payments lowered, I will soon be retiring on disibility and I'm on dialysis.

Asked over 2 years ago - Plainfield, NJ

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.

Attorney answers (3)

  1. Kenneth A White

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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
    (732)819-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  3. Lawrence Charles Kroll

    Pro

    Contributor Level 15

    Answered . 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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