If my ex-husband is retiring and I am to receive $2000/month per QDRO, can he eliminate his court ordered support of $4750/month?

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If my ex-husband is retiring and I am to receive $2000/month per QDRO, can he eliminate his court ordered support of $4750/month?

Can he just stop the support? The divorce was final 9 years ago and he has been paying support since then.

Asked on August 4, 2011 Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Can your ex-husband simply stop the support? No. He has been ordered to pay support; he cannot simply ignore that court order, which is a legal obligation.

However, if his economics significantly change, he may be able to go to court and get the amount of support changed. While courts do not lightly alter support obligations, they do look at the fact that situations change; what someone was able to pay in the past may not be be something he can going forward. So he does have the option of making a motion for the court to alter his obligations, and when he does, you will have the right to try to challenge his request, by showing that he is able to afford to pay more than he claims. Good luck.


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