Legal Question in Family Law in Tennessee
The cessation or reduction of alimony payments
My wife and I after 25 years of marriage, went through a non-contested divorce in 1988. In order to allow my daughters to feel good about their dad, I signed divorce papers binding me to child support of $400, alimony $400, heath coverage 3 years, $100K life insurance, and when the child was out of the home, the support would become alimony. I have been paying $800 each month since 2000, and three years prior to that it was $1,000 because of the health coverage. My question: I signed this for life or until she gets married or dies, but having received unreasonable counsel causing me to sign, isn't there some reasonable time limit I can request through the courts? She lived with a man for 3 years, and I have never been late on my payments. Financially, I have been a damaged person for these many years, but because of my daughters, I wanted to do the right thing in their eyes for their mom. I am remarried with two step-sons in the house, and to consider paying this money, I am a commission sales person, forever seems like a punishment no person should sustain. Please tell me what my recourses are, and of the possibility of getting a lesser ''sentence'' or can we say, enough is enough. Thank you for your help.
1 Answer from Attorneys
Re: The cessation or reduction of alimony payments
You are entitled to a modification upon a showing of a meterial and substantial change in circumstances. Further, please speak with your attorney about the presumption that arises when the alimony recipient moves in with a third person (i.e. another man). The statute states:
"(3) In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is thereby raised that:
(A) The third person is contributing to the support of the alimony recipient and the alimony recipient therefore does not need the amount of support previously awarded, and the court therefore should suspend all or part of the alimony obligation of the former spouse; or
(B) The third person is receiving support from the alimony recipient and the alimony recipient therefore does not need the amount of alimony previously awarded and the court therefore should suspend all or part of the alimony obligation of the former spouse."
Good luck.
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