Ex-spouse finding a good job after divorce and impact on alimony

[waltermitty70]

Jurisdiction

Washington

About 1/3rd of the way into the alimony period, my ex-spouse has found a good job (paying in the high 5 figures annually) She is highly qualified educationally but had been unemployed for awhile during the time of the divorce, which helped her negotiate alimony. The stipulation in the alimony clause is that it would continue until the period of the alimony runs out or she dies or re-marries. We had no kids from the 10 year marriage (or from before) and this was for both of us, our first marriage.

My question is whether I can legally rescind the alimony, based on the fact that she now has a good job?

 

[justblue]

About 1/3rd of the way into the alimony period, my ex-spouse has found a good job (paying in the high 5 figures annually) She is highly qualified educationally but had been unemployed for awhile during the time of the divorce, which helped her negotiate alimony. The stipulation in the alimony clause is that it would continue until the period of the alimony runs out or she dies or re-marries. We had no kids from the 10 year marriage (or from before) and this was for both of us, our first marriage.

My question is whether I can legally rescind the alimony, based on the fact that she now has a good job?

Take your divorce decree to your divorce attorney and ask them.

I will say that you can not "legally rescind" the alimony with out a court order.

 

[army judge]

My question is whether I can legally rescind the alimony, based on the fact that she now has a good job?

You can (with the assistance of an attorney) request the court reconsider it's order.

Bottom line, only the court issuing the order can change or rescind it.

 

[waltermitty70]

Thanks both of you --- If I do take this to court, will I have to pay court costs or can the court ask the other party to reimburse me the same? I have heard that court costs can be $30,000?, when including lawyer fees (we had finished up our divorce in mediation, so never had to go to court)

 

[army judge]

If I do take this to court, will I have to pay court costs or can the court ask the other party to reimburse me the same?

You're welcome, happy to have been useful.

Mate, anytime a person utilizes any of our court systems, she/he can expect her/his pocket to be picked by the bureaucrats.

If a person is a pauper, said individual can petition the court to file as an indigent.

If your filing is successful, mate, some gubmint entity might pilfer a few bucks.

If your efforts are successful, however, you'll thwart the fleecing by your former spouse.

One must always must pay the costs, to live like a boss.

In the instant matter you present, even the lawyer's fees won't damage you as much as the alimony appears to be doing at present.

I have heard that court costs can be $30,000?, when including lawyer fees (we had finished up our divorce in mediation, so never had to go to court)

Someone has misinformed you, or they're ignorant of certain truths.

If one includes lawyer fees, a lawsuit could cost $30,000 (or more).

In TEXAS domestic relations matters, as well as other civil court matters, one can expect to shell out about $280 for the filing (depending on in what county one files).

In your state, Washington, the delta likely isn't that much bigger.

You could also find more about court and filing fees on the website of the county court where you expect to file.

 

[adjusterjack]

If I do take this to court, will I have to pay court costs or can the court ask the other party to reimburse me the same?

Court costs and attorney fees are two different things. However, if you incur both, you pay both.

Start by reading the statute regarding modification of spousal maintenance.

RCW 26.09.170: Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds. (wa.gov)

Then check the court website for possible forms and instructions.

Washington State Courts - Court Forms

Then ask your ex if she will consent to a modification of support. If yes, you and she can file a stipulation for the change. If no, you'll have to file a petition for modification. You may be able to find samples in a law library or on the internet.