Alimony Modification

[airdale59]

Court ordered to pay permanent alimony . My current employer is giving me the option to either to retire ( I'm 55yr)or get layed off. If i choose retirement and file a petition to reduce alimony based on my retirement income (i will lose 60% of my income if i choose to retire) based on that will the courts see that as a involuntary employment. I have researched Pimm v. Pimm and othe caselaw and from what i can gather the courts have left the retirement age open. Thanks

[Attorney Howard Iken]

You are in a dangerous position. You must carefully document your situation in every way possible. Hopefully your employer gave you the choice in writing. Also, hopefully, other employees are being given the same choice.

Regardless, you should immediately and regularly try to find another job and document those efforts. If you do a good job, chances are the court will find you are involuntarily underemployed.


For other readers, here is a link to the case that discusses the permissible age of retirement