If when we divorced I was ordered to pay alimony, how can I stop having to pay?

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If when we divorced I was ordered to pay alimony, how can I stop having to pay?

I have custody of our child. My ex had brain surgery while we were married which I think they are also basing the alimony on. I receive a monthly check for SSI on my daughter’s behalf because of her mother’s disability. That was written into the divorce as child support. Yet, it all goes back to the ex as alimony. I tried to offer her the monthly SSI check permanently in return for waiving alimony permanently. My unemployment ran out today and I figured it was at least a way for her to get guaranteed money each month regardless of my employment. She rejected it.

Asked on August 5, 2012 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In Massachusetts, you can file for a modification of Alimony by way of motion on an open case or by way of complaint for modification after a case has gone to judgement. In order to obtain a modification it must be shown by the plaintiff that a material change in circumstance has occurred since the last order or judgement. What the court will consider as a change in circumstances is fact specific.  Even retirement does not necessarily trigger a reduction.  Loss of job may.  Seek help. Good luck.


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