Legal Question in Family Law in New Mexico

Stop Paying Alimony due to remairiage of recipient

I would like to knowwhat paperwork or process needs to be followed to stop paying alimony to my exwife that got remarried last month.


Asked on 4/12/07, 4:42 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Stop Paying Alimony due to remairiage of recipient

The first thing is to read your Marital Settlement Agreement (MSA) or the court order that says under what conditions and how much you pay for alimony. New Mexico has at least 7 different types of alimony. The type that applies to your case will be contained in the document mentioned above.

Next, you file a motion to reduce or change alimony. That change can be anywhere down to a dollar a year or stop it entirely. Because you did not specify what type of alimony applies to you this guru cannot tell you much more than that. Along with filing your motion you should request a hearing and then take the matter before the judge and you argue your case.

At this point I would be remiss if I failed to encourage you to speak to an attorney before you tried all of this on your own. This is the type of action that attorneys do for a living. They are familiar with the ins and outs and they are familiar with the legal system. While an attorney may seem like a cost you cannot afford you may want to consider that with an attorney you might win your argument and without an attorney you may loose your argument. You will gain much and loose nothing if you go and interview at least one, if not more, family law attorneys and get a general idea (more than what I have answered here) about what you are facing. After you have gained some knowledge then decide whether to hire someone or not.

Good luck.

Read more
Answered on 4/12/07, 8:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico