Legal Question in Family Law in Virginia
I have been paying alimony to the tune of $625 a month since 1989 ($195,000) as well as my x receives 1/3 of my military pension. I'm aware I can't do anything about the pension. However, my current financial situation is going to necessitate my to stop paying said alimony. I live in Louisiana and she lives in Virginia. The divorce was granted in Virginia. 1) how can I try and have this alimony stopped and 2) what are the penalties if I do stop the alimony?
1 Answer from Attorneys
If the alimony was determined by the court and not be agreement of the parties, you can apply to the same court for a reduction or elimination of alimony.
If the alimony was pursuant to a written agreement that was incorporated in a final court order, AND the agreement provided for modification based on a change of circumstances, you can apply to the same court for a reduction or elimination of alimony.
If the alimony was pursuant to a written agreement and did not provide for modification based on a change of circumstances, you are probably stuck unless your former spouse remarries, dies, or agrees to a reduction.