Are you paying support to an ex-spouse who refuses to work?

On Behalf of | Feb 25, 2018 | Family Law |

After high school, you went to college, and while there, you met your significant other. After you both finished school and worked for a while, you married, settled down in Alabama and started having children. Your spouse quit the workforce in order to raise the kids, with every intent of going back to work when they got a little older. Well, divorce entered the picture, and now you are stuck paying support to your ex who can, but will not, find a way to support him or herself.

Spousal support is never a guarantee in divorce. However, if one spouse gives up employment to remain home with the children, it is possible that he or she will be eligible for some level of support — even if it is just temporary.

Alimony can be a significant drain on your finances, so it is understandable that you’d have concerns about how long you have to pay and how much you have to pay –especially if your ex has the means to support him or herself but is choosing not to actively seek gainful employment.

Seeking a change

Thankfully, when it comes to divorce orders, nothing is really permanent. It is possible for you to seek a modification to your alimony order. You can do this by either working out a new deal with your ex and sending in the changes for a court sign-off, or by filing an adjustment request in court.

If going the court route, the process is as follows:

  1. File the proper petition.
  2. Serve papers to your ex.
  3. Follow the Court’s Scheduling Order.

While this is a simple enough process, the hard part comes in convincing a judge of the justification of a modification in terms.

Do not wait

If you have the desire to end or amend a spousal support order, do not wait. If you believe your support order qualifies for adjustment but are not sure, legal counsel can review your situation and, if deemed appropriate, help you fight for the change.


FindLaw Network