What to do if my grandfather was divorced years ago and ordered to pay alimony to his ex-wife but now he needs that money for a live-in care facility since he has dementia?

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What to do if my grandfather was divorced years ago and ordered to pay alimony to his ex-wife but now he needs that money for a live-in care facility since he has dementia?

For his own safety (and others) he must go to a care facility. Since the facility takes most of his income he cannot afford to pay the alimony. If alimony must continue, he will get kicked out of the facility and become homeless.

Asked on December 17, 2015 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since he has dementia, his legal guardian (if he has one--e.g. your aunt, if it's her) has to get the court to allow a reduction in alimony. If the matter has been delayed, she needs to make a motion for "emergent" (think: "urgent" or "emergency") relief--that's a process that gets you into court in a week or three, if time is provably of the essence. It's more complicated than representing yourself in small claims court; while she can try to do this herself, she is strongly advised to retain an attorney to help; the legal guardian can use his money for this, since it's for his benefit.
If he does not have a legal guardian, step one is to have one appointed. An elder law attorney can help with this.


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