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#202286 - 03/08/07 02:55 AM Alimoney and visitation
looking4answers Offline
recently joined

Registered: 03/08/07
Posts: 3
Loc: Iowa
Just wondering if anyone has been were I am now, Was married for 24 years, currently divorced for 2 years. I was the bread winner of the family, the judge granted her alimoney, I agreed but since have NOT had much of visitation with my children because I have had to work 2 jobs to continue and keep up with my child support and alimoney, my x wife has her own small business and has the capability of earning a very healthy income, besides already holding a full time job, was wondering what my chances are of getting my alimoney dropped or reduced so I am able to spend more time with my children!

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#202287 - 03/08/07 04:40 AM Re: Alimoney and visitation [Re: looking4answers]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Did you work 2 jobs prior to divorce ? If her income has increased substantially you can ask for a modification to lower or stop alimony .
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#202288 - 03/11/07 11:43 PM Re: Alimoney and visitation [Re: googledad]
looking4answers Offline
recently joined

Registered: 03/08/07
Posts: 3
Loc: Iowa
I have worked 2 jobs for the past 5 years, so yes I did, however my child support was based on my main full time job, my second job was not counted toward my income level. As far as the Alimoney the judge called it rehabilatative alimoney, it was awarded on the basis that she had been out of the job market for so many years, however since our divorce, for the past 2 years has held down a full time job and also will soon be awarded a very large inheritance from her deceased parents estate which will be settled by July. As far as her income level last year her income did not increase much and my stayed about the same, however I did not know if a judge would take inconsideration of the inheritance she will be recieving wich will be very large amount in property and assets.

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#202289 - 03/12/07 03:31 AM Re: Alimoney and visitation [Re: looking4answers]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Here you go :
8. Subject to 28 U.S.C. 1738B, the court may subsequently modify orders made under this section when there is a substantial change in circumstances. In determining whether there is a substantial change in circumstances, the court shall consider the following:

a. Changes in the employment, earning capacity, income or resources of a party.

b. Receipt by a party of an inheritance, pension or other gift.

c. Changes in the medical expenses of a party.

d. Changes in the number or needs of dependents of a party.

e. Changes in the physical, mental, or emotional health of a party.

f. Changes in the residence of a party.

g. Remarriage of a party.

h. Possible support of a party by another person.

i. Changes in the physical, emotional or educational needs of a child whose support is governed by the order.

j. Contempt by a party of existing orders of court.

k. Other factors the court determines to be relevant in an individual case


Yes , her inheritance would be considered .
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