Legal Question in Family Law in Maryland

''excces alamony''

The alamony I am paying is too much. I Know that my ex is lying because she is working and she didn't repot that to my layer or her. What can i do??


Asked on 8/02/02, 9:05 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: ''excces alamony''

You did not state whether the alimony is court ordered or by way of agreement.

If the alimony is by way of court order, the only way to change it is to seek a modification of the order.

If the alimony is by way of agreement, and as you contend the agreement was effected in an inequitable or unfair manner, then you have a cause of action to bring in court in this regard. Otherwise, you could seek to rescind or modify the agreement through an attorney without court action. The latter course of action may or may not be beneficial and much of this lies in the essence of the facts.

Since Maryland has adopted ERA, alimony has become gender nuetral. Where she has income that is markedly disparate to yours, she should not be entitled to any alimony. Where she was not previously but now has obtained significant employment, alimony should no longer apply.

It sounds like you were not represented by an attorney upon executing an agreement for alimony but that she was. If this is the case, then this, in and of itself is integral to the fairness of the agreement and such depends on the manner in which it was effected.

Without knowing the details as to the unconsionability of the alimony that is being set upon you, little more can be said.

You should seek the assistance of an attorney.

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Answered on 8/03/02, 9:30 pm


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