Friday, October 14, 2016

Retro Alimony Reduction, Woes

Alimony is always a sticky point in a divorce. Two years ago, they amended the alimony statute to allow reduced payments based on circumstances may now allow for it to be retroactive.  This is a really big deal.  While Judge Jones has the correct understanding about the current state of the economy, lack of jobs, lack of good paying jobs, making the changes retroactively is a slippery slope.  In this case, the husband lost his high paying job, but luckily found another job but was a decrease in salary. He continued paying alimony from his severance, once that ran out he applied to the court for a reduction. This makes sense so far. Some proponents believe it should be retroactive to before the amendment was changed in 2014 which would allow the reduction of alimony he was paying from the severance. This could open a Pandora's box. When laws changed, they should not be retroactive. If someone wants to adjust their alimony, they seek the relief from that day forward, not retro.  In this particular case, the husband should have filed to have the alimony reduced once he determined he could not locate a comparable paying job.

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Amendments Allowing Reduced Alimony for Changed Circumstances May Be Applied Retroactively, Judge Rules

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