How to Get Alimony Lowered With a Letter to the Judge
While alimony law varies from state to state, as a general rule the supporting spouse's ability to pay support and the dependent spouse's need for it in light of her circumstances are critical parts of any alimony award. Over time, however, these key variables underlying the award can change. Provided that your alimony obligation was set by court order and not agreed upon in a marital settlement agreement, you may be able to obtain a modification. It's a complicated process, though, and you won't be able to do it just by writing a letter to the judge.
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Instructions
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Find a good lawyer whose fee structure fits within your budget. Alimony law is highly technical and based upon case law. While you may be able to represent yourself in court for some claims, alimony modification probably isn't one of them. Think of your legal fees in terms of the value of reduced alimony over time; an alimony reduction of $250 per month will pay back $5,000 in legal fees in less than two years. The question may not be so much whether you can afford a lawyer as whether you can afford not to have one.
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Put together all the evidence you can to support your case. Court-ordered alimony is generally modifiable upon a substantial and material change of circumstances affecting either the payer's ability to pay or the recipient's need to receive. If you've suffered a wage reduction, collect tax returns, pay stubs, bank records and anything else that demonstrates your income change. If you're basing your motion on suspected cohabitation by your ex, hire a private investigator to see what she's up to. Your lawyer's access to the subpoena power of the court and other discovery devices can help, but anything you can gather on your own will not only expedite your case, it will also save you money.
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Follow your lawyer's recommendations as to what you should and shouldn't be doing during your case. If you can't continue to pay the existing alimony award, show your good faith to the court by paying what you can. If you're basing your case on cohabitation and claiming that your ex is no longer entitled to alimony, set it aside each month just in case you lose. No matter how good your case might sound, you can always lose, and if you haven't been paying on the old order you could be held in contempt of court.
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Refrain from making any large purchases or taking any expensive vacations during the pendency of your case. If you can afford a vacation or a new bass boat, the judge will probably reason, you can afford alimony. Don't do anything that could potentially increase your monthly expense outlay until the case is over. Remember that when you move for an alimony reduction, your ex can move for an increase. And she might win.
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References
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