Can I get my alimony lowered ?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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