Can a husband stop paying his alimony without going through a lawyer because his income has decreased due to his business?

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Can a husband stop paying his alimony without going through a lawyer because his income has decreased due to his business?

Asked on February 15, 2016 under Family Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A court order can only be modifed by a court, which means that a party subject to such an order cannot unilaterally change it. If it were that easy, then such orders wouldn't be worth the paper that they are written on. If your ex-husband's income has changed and is now subtantially lower, he will have to go back to court and ask a judge to modify the amount that he is to pay. After reviewing the evidence presented, the judge may or may not comply with the request. Until then, if you ex pays you less than what he has legally been ordered to pay, he can be held to be incontempt of court.


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