CanIhave the amount of support that I am supposed to pay modified?

I have paid my ex-wife $100,000 in 6 years. Now I have lost my business and can’t pay her house payments. Is there away that I can get out of what I arranged when I divorced?

Asked on November 1, 2011 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may be possible to have the settlement or divorce decree modified. To do so, you would have to go to court (assuming you can't negotiate the change with your ex-wife) and ask the court to modify the amount based on a change in circumstances. You'd have to demonstrate true inability to pay the amount as currently set, not merely that it would be burdensome to do so. Getting a court to modify a decree or divorce settlement is not necessarily easy, and involves, as noted, instigating a legal action. You would be well advised to retain a divorce or family law attorney to help you--the cost of the attorney would be more than offset by getting the reduction, and an attorney would greatly increase your chance of success.


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