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filing for modification of alimony

  • Thread starter Thread starter prospectivewife
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prospectivewife

Guest
What is the name of your state? Georgia
this is a desperate plea for help:

My fiance was divorced approx. one year ago in Georgia. I am writing on his behalf. At the time of his divorce, he was finishing medical school. He is 31 years old and his ex-wife is 26 years old. There were NO children in the marriage. They lived MAINLY off of HIS student loan money ($40,000) and while he lived overseas going to school in Britain, she chose to go to school in Georgia and work part time while living with her parents.
Although he had no money or property, his ex-wife was able to scare him into an agreement in mediation for $300 per month spousal support with an $18,000 lump sum (alimony) to be paid one year after the divorce (this is supposed to be paid in 2 months). After his divorce, I entered the picture. I was also a medical student. I realize that if he had received better advice upon attaining his divorce that alimony probably wouldn't be an issue BUT here we are and the decree is a done deal...so here's the rest of the story:
After completing med school, we have needed to study for our various board exams and we have worked full-time while doing this. For the last 6 months, we have been working very hard at minimum wage jobs to keep up with the $300 per month alimony payments. We are lucky if we currently pull $1200 per month together.....mildly put, we are broke, but have managed to keep up with the $300 per month for the last 10 months mainly by juggling around cash advances from credit cards-----it's crazy!.
I will be starting my residency soon, but my fiance will not begin his residency for quite some time as he still has more board exams to take etc. (please keep in mind that BOTH of us will be paying back almost $200,000 in student loans EACH and only making $36,000 per year during residency for the next 5 years----when he was divorced his ex had the idea that he would just be loaded a common misconception about doctors due to the way health care used to be in the US).
Recently, we have found out that it is possible to modify alimony payments in Georgia when circumstances have changed. He has his pay stubs which confirm his meager pay of $650 per month for the last 6 months. Also, we have recently found out that his ex-wife has been cohabitating with a man. for the past 6 months.....they live in a neighborhood were the average home is around $95,000 on lake access property and she currently pulls a gross income of around $20,000 per year. They are recognized by friends as a couple that lives together.
We are interested in filing for alimony modification and wonder if the judge would just decrease alimony or perhaps terminate the alimony. There is absolutely NO way my fiance can afford the $18,000 lump sum payment coming up in a few months....he has applied for 3 loans for this and been rejected for all. Even if I was willing to pay the $18000 there is no way that I could either!
do we have a chance for the modification? I am so afraid of her filing for contempt of court. Do we need to collect evidence to prove her cohabitation? If so, what types of information would be useful? Any advice is apprecitated....... thank you so much for the advice.
 


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dorenephilpot

Guest
Are you asking if he can now get out of the agreement, which he signed and which was signed by the court and which became an order of the court, merely because he now isn't happy with it?

No.

He would have to prove some sort of fraud or duress in order to get that tossed out.

Failure to like an agreement when it comes time to pay up is not grounds for a modification.

Sorry to be the bearer of bad news....
 
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prospectivewife

Guest
Did you read my post???!!!!

I'm sorry, but did you read my post? I took the liberty of reading the website for your practice to see if you were a lawyer or not and was surprised to find that indeed you are a lawyer!!! Now I am wondering how closely you read my post? I assume you read my post with some degree of haste. Simply stated: My New husband has filed for spousal support modification because he has had a change in financial circumstances ....also, his ex-wife is/has been cohabitating which falls under Georgia O.C.GA 19-6-19 (b) as grounds for modification..... Please read my post before writing off what I had to say...... I realize that my medical degree is not a substitute for a law degree, which is why I am seeking input from this forum. -----newprospectivewife....now the NEW wife ;)
 
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ellencee

Senior Member
prospectivewife
if the order does not say that cohabitating affects the alimony and settlement, then I doubt you stand a chance. he has known since the divorce that this had to be paid, and he could have worked more than one job, delayed some of his personal goals (such as full-time educational pursuits, dating, and starting a new home). It was a workable solution at the time of the order, and I believe he will be held to having made provisions to meet his obligations.
Georgia is not a friendly 'change dix in the middle of a screw' state.
By the way, you're in for a long, tiring life if you keep living his life and yours. Let him be a grown man, please--especially before he becomes responsible for the lives of his patients. If he doesn't mature, you will be posting later asking how to get out of paying the malpractice liability balance not covered by insurance.
 
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prospectivewife

Guest
Needed intelligent responses ONLY!!!

I have the greatest respect towards the individuals posting responses to my initial post BUT I was hoping to receive information from well informed individuals not just a group of grumpy ex wives......
I posted my initial letter because I was HELPING my new husband (who is every bit as intelligent as I am if not more...we are both doctors)....we have divided up the task of monitoring the various internet forums. Two heads are better than one and much cheaper than a lawyer at this point. I have a personal interest in his motion for modification of spousal support because I do not wish for his lazy ex wife to come after my money in the future which I realize she could do as my husband and I do not plan to demarcate assets in the future and we plan to share a practice. The basis for our motion for spousal modification is the OFFICIAL GEORGIA CODE 19-6-19 which allows for modification if the payee begins cohabiting.......
GOOD NEWS came Friday when the judge signed off on our affidavit of poverty!!! Apparently he is already sizing up the situation----so I guess this means we are now on our way inspite of all your happy and encouraging thoughts....... you see, logic prevails amongst the higher educated (sorry---no, not really)........
I realize that many unhappy women use this forum to vent their anger or just because they naturally have ugly personalities; this behavior is inappropriate in view of the fact that many individuals, such as myself, are in need of information not chastisement.
Let the tumble weeds blow throughout this forum!!!!!
----couldn't resist-------Geeeee, THIS IS a great way to blow off steam

Best Regards ----"the new and improved working wife" ;) PS....can you tell I have a week off before my residency starts hahaha.....:) :) :) :)
 
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