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Posted by Patricia 3 years ago In:

Patricia
Patricia Asked:

My ex married a Millionairess and he had my alimony cut. Can I claim her income in order to get my alimony back?


 I was awarded permanent alimony because i was a stay at home mom and homemaker for 16 years. The amount was based on my ex's income which at the time was decent. A few years later he took me back to court to lessen the alimony payment stating that he has cut his work time down (road construction) due to his age (49) and the effects it has on his body. He is a shop Stewart & Foreman, does no heavy labor. Drives from site to site in a company truck.

In court He was able to show 3 years of income that was half of what it was originally. The judge awarded him his petition and I lost $250.00 a week.
I am 56 year old,unemployed due to an illness which I had during our marriage., I have no insurance coverage for medical, I live in my sister's basement because I was homeless and I've no money to help myself other then the $100 a week in alimony.
My ex is remarried to an extremely wealthy woman. She is heiress to a super market chain here in NJ. They live in a multi million $ home...he drives very expensive cars, ...let's just say he is well taken care of and that is the real reason why he was able to cut his work hours.
I am going to be applying for medi-caid and food stamps. I want to take him back to court and get my awarded alimony back. I am living like a pauper while he is living a millionaire life and helping to support her three young children that live with her...his step-children.
Do I have a case ?

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kay
kay Answered:

I would suggest you consult an attorney or legal-aide in your state as the laws vary by state.  In California alimony and child support is based on income and, typically, a new spouses income is not considered. 

If you are unable to work due to a medical disability then you should qualify for medi-cal and disability/soc. sec.

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Liriope
Liriope Answered:

Your situation is not enviable, but you must realize that alimony is a temporary thing...it's not intended to be ongoing indefinitely. Go to your local pro se family law center for help.

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