Can the court modify a non-modifiable alimony decree?

[passionateman]

I was divorced in CT in 2003. I signed a ''non-modifiable'' divorce decree. Since then I have:

1. been diagnosed with a serious terminal disease.
2. moved to a foreign country
3. had a pay cut of about 50%.
4. been remarried

GIven these issues, can the court modify the alimony awarded originally?

 

[irish223]

It is possible, not probable. You need an attorney to advise you regarding the language in your order and whether or not you have a chance.

 

[Duranie]

You moving to a foreign country was your choice and not grounds for reducing alimony. You are going to have to take this up to an attorney in the state you divorced.

 

[passionateman]

thank, but that was what I'm trying to avoid!

 

[passionateman]

I wasn't thinking the move would cause a modification, I was thinking more of the diagnosis and the pay cut

 

[irish223]

When I say it's possible, I mean that the CT court reserves the right to modify. That doesn't mean they will do it. In fact, they will most likely be reluctant to change the order unless you can argue that an error was made in the original order.

Your illness and its effect on your income are the ONLY possible reasons you've listed that they MIGHT consider it. All the other reasons are irrelevant.

The language of your order, as well as the reasons the award was made nonmodifiable may also be factors. That's why the best advice is to consult an attorney.