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Can I challenge my order for paying spousal maintenance?

Business 3 views 3 answers
Sect. 3.7 in my dissolution states, I have to pay spousal maintenance "for 3 yrs from date of dissolution or until retirement from military, whichever happens first." I also pay substantial child support. The military had to transfer me to another state and my pay has decreased drasticaly because of it due to not being on sea duty anymore. Even before the pay decrease, I was only making my bills by credit card at times. I do not have any frivilous expenses and never do anything because I couldn't afford it if I wanted to. I also just found out that my ex re-married 3 months ago. I guess what I want to know is if I can request my maintenance be removed all together to avoid bankruptcy?

Attorney Answers

3
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
You can make an application to the court based upon your change in circumstances. The extent of the relief you may be granted, if any, will depend upon your ability to convince the court that the agreement should be overruled. I suggest you contact a local attorney to discuss your situation in confidential detail before you proceed. Good luck!
0 upvotes
Dave Hawkins ·
You have the ability to appeal the Decree of Dissolution if you do so within 30 days of the order being signed -- after 30 days you have waived your right to an appeal. Depending on the language in the decree, you might be able to file a Petition to modify the maintenance provision, but you would need to comply with all of the case law and statutes regarding such a request ion order to be successful.. You should hire an attorney if you choose to proceed along these lines.
0 upvotes
Melissa Denton ·
Unless your decree specifically said that spousal maintenance shall continue even after the remarriage of the receiving spouse, you do not owe any spousal maintenance from the date your ex-spouse remarried. Get proof of the remarriage from http://www.digitalarchives.wa.gov/Search#2 if the remarriage was in WA. Good luck with this. You can call me next week for a telephone consultation if you have more questions.
0 upvotes

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