My ex-husband has served me papers to lower or eliminate monthly, lifetime alimony. The marriage was over 25 years, he is an M.D. and married to his para-mour. I am a 60 year old mental health counselor and depend on this small check for basic needs. I have 20 days to get a lawyer and respond. Is it reasonable to ask for this area of legal help on a sliding scale? How about ex paying legal fees?
4 Answers from Attorneys
1. Not legal.
2. Can ask judge.
You would certainly have the ability to ask the court to order him to pay your attorney fees. However, this is typically not done until the end of the case, so it will probably not help you in retaining counsel to file an Answer.
Even if you do not have the ability to hire an attorney right now, make sure that you file some sort of written Answer with the court within 20 days, and send a copy to him or his attorney.
You can ask for both a sliding scale and for the judge to order your ex to pay your fees. be aware, though, that it's quite common for lifetime alimony to terminate when the paying ex retires. It sounds like he may be getting close to that if he's near your age or older.
You have to retain counsel to defend his petition, If he makes more then he will likely have to pay all your attorney fees.