In a divorce action, there is a "final order." This order can be modified if circumstances change, such a substantial increase or decrease in either of the parents gross income. Generally speaking, the courts have held that 10% is a substantial increase.
An order cannot be changed by agreement of the parties, wthout approval by the court. If your ex decides that they will take less than the ordered amount and you execute an agreement, that does NOT change the order. She can still take you back to court for contempt for failure to pay.
If you move out of state then that is a change. The list is numerous. Regardless of the change, a modification must be filed to change the order.
A modification is filed in the county of the Defendant. Contempts can be filed in either that county, or the county wehre the order was issued. The first step should be to domesticate the order to the county where the defendant is living.
Depending on the situation, this can be as costly as a divorce because there is discovery and trial time involved. Many times you can mitigate the issues through mediation and by stipulating to the facts.
Periodic alimony (not lump sum alimony) can be reduced in some limited circumstances. A good attorney at the divorce stage should be hired to ensure that the language of the decree is such that the alimony can or cannot be changed (depending on which side of the fence you're on).
Still have questions? Please contact us anytime! We look forward to hearing from you.
