Can I get my alimony lowered ?

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Can I get my alimony lowered ?

I currently have to pay alimony to my ex-wife
and I have to pay child support, I recently got
my fianc pregnant and cannot pay my alimony
at times, my question is what can I do ?

Asked on July 20, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can try to make a motion in family court, under the docket number of your original divorce case, and ask the court to order a reduction based on your changed life circumstances, but be advised such a motion is almost guaranted to NOT work--courts almost never reduce alimony because you are having a child. Allimony may be reduced for facetors wholly beyond your control: disability, preventing you from working as much (or at all); being  terminated or laid off and demonstrating that despite diligent effort, you simply can't get a job; etc. But having a child is viewed as voluntary life change--you are choosing to have one (or were negligent in not using contraception), and the courts will not let you make choices that reduce your obligations (and will not reward negligence or unreasonable carelessness). You either chose to have a child, or engaged in unprotected sex without really thinking through the consequences; the courts expect you to deal with the consequences, and will not reduce your payments to your ex (or your other children), who had nothing to do with this.


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