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Alimony questions
I'm new to the divorce thing but have been reading a lot about it. One thing I come across from time to time is the term 'non-modifiable alimony
'. The term seems self descripting but I then see times when people talk about going to court to modify it. So I'm curious what does this term really mean and what are the implications?
If I end up having to pay permanent periodic alimony in my final divorce settlement (which I think may be the case) can my ex take me to court if I get a raise/promotion to get more money? Do I have to tell my wife if I get a raise after the divorce is final?
If my ex gets a raise/promotion can I take her to court to reduce payments?
What about retirement? At some point can I get payments reduced so I can retire?
Is it possible to get a deal where I can agree to just pay a fixed amount monthly for 20yrs (we are both early 40's) and then after that it just automatically ends (or if re-married/death too)?
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With alimony
you can pretty much design any terms you want. If the language is properly selected the agreement is binding.
Non modifiable means what it says. The courts enforce that term.
Attorney Howard Iken
Last edited by Attorney Howard Iken; 03-21-2011 at 05:30 AM.
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Ironically, I'm in this exact situation. I recently received a lay-off notice from my employer - my last day is APril 8th. I made an attempt to fill out my own "modification
of alimony
Form", which I simply Googled, and up popped a PDF Form. I took it to the Brevard Courthouse and was asked for the rest of the Forms. Hmmm... Turns out there is more to this that I thought!
Yesterday, I called an Attorney, a woman answered identifying herself as his paralegal. She said the first thing I needed to do was look closely at my divorce documents and confirm there is "Non-Modifiable" statement within the document.
Funny, but on the day my ex & I were in the judges chamber's, I asked him specifically, what do I do when I'm laid off (I work in the Space Program, so I knew the end would come eventually) - the judge
simply said you come back here with a Modification.
Because I had a bad experience with a paralegal previously, one handled our divorce - I phoned and spoke with another attorney (2nd opinion) - he informed me that any divorce settlement is modifiable? Sadly, he stated his retainer would be $2500.00 and he charges $250.00/hr. I just can't afford this!!
Had the gentlemen given me some glimmer of hope - I might have considered him. But he said because I will be receiving 26 weeks salary as my severance - I would have to continue paying her $1000.00/mo. even after I no longer have a job. This seems unbelievable to me!!
I can hire a paralegal to help me with the modification and get the same results I'd get after spending three grand.
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Silverado,
Let me know how things go for you. I'm intrested in finding out how difficult is it to modify alimony
after the fact.
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