I pay alimony to my ex wife but I am moving to a new state because my fiancé got into school where she will be a full time student and can not work. We are also getting married soon. This move also comes with a pay cut due to the lower cost of living. Will this count as "substantial change of income" now that i am fully supporting her as well? If my alimony is not lowered i will not be able to support myself.
Divorce / Separation Lawyer
Tough question. You may be able to seek a modification due to the decrease in income, however, you should not stress the fact that you are fully supporting someone else as your reason for seeking to reduce the alimony. The analysis is that the change has to be involuntary - there could be an argument that it is voluntary because you are moving and you are "allowing" your new spouse to go to school and not work. I think that you need to at least consult with an attorney to discuss the specifics in your case - it is a very interesting issue that you present and you need some creative lawyering and good research and analysis on your side. Best of luck to you.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
3 lawyers agree
Criminal Defense Attorney
In order to be a substantial change in circumstances, the change must be involuntary. You getting married and moving to another state, making less money will not amount to what you need to prove. You will be held to the amount you are ordered to pay, unless and until you hire counsel to file a petition and either settle the case or have a trial.
R. Jason de Groot, Esq.,
Unless your “substantial change” is involuntary, you do not qualify for a modification.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory