Legal Question in Family Law in New York
Procedure To Eliminate Alimony Payments
Situation:
All this took place in the State of New York
Married in 1964
Legally separated in 1978
Divorced in 1986
Paid child support throughout the separation and divorce years until children reached the age of 21.
I am still paying alimony/maintenance to my ex-wife.
I would like to know the process I must follow in an attempt to obtain a decision to cease the alimony payments.
I'm currently unemployed due to job discontinuance, and I believe after 24 years of payments, I should be able to have a decision rendered in my favor.
With me now residing in Nevada, and my ex-wife still living in New York, I would like to know how to go about this.
Thank-you.
3 Answers from Attorneys
Re: Procedure To Eliminate Alimony Payments
You need to look to your divorce decree to determine whether, in fact, you can decrease or eliminate alimony payments. In addition, the circumstances under which you now have a reduced income will need to be shown to the Court, i.e., whether you took a voluntary cut in pay or are unemployed b/c of lack of owrk, etc. Feel free to contact me if you need further assistance.
Re: Procedure To Eliminate Alimony Payments
In order to eliminate or reduce your alimony payment you will need to file a motion with the court explaining your present circumstances. If you have any additional questions, please feel free to contact me.
Re: Procedure To Eliminate Alimony Payments
You would have to file a motion in New York for a Downward Modification of Support, based on a substantial change in circumstances.
Before I can advise you, I would need to see the Judgment of Divorce and the stipulation of Settlement, etc.
I practice in NYC and Long Island.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
