Legal Question in Family Law in Maryland

Twenty five year alimony payment

My father has been paying alimony to his first wife for twenty five years. He has decided to stop and needs to know how long before something legal can happen. My father went to court four years ago and the judge ruled that he is bound by the Maryland laws from the seventies when this was ordered. My fathers ex-wife has never gotten a job and continues to suck off of my parents at a tune of 300.00 dollars a month, only because the judge did reduce the alimony. My father was paying much more! I would appreciate if you could help with my question.


Asked on 9/23/00, 6:51 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Twenty five year alimony payment

"Something legal" can happen fairly quickly if he stops paying alimony. His first wife can file an action for contempt of court, and if he has stopped paying in defiance of the court order he will almost certainly be found in contempt. The consequence of that will almost certainly be that your father will be required to pay the arrearage in alimony plus his ex-wife's attorney's fees and, possibly, an additional penalty to stay out of jail. If your father's income has dropped significantly since he got the last reduction in alimony, he would be well advised to file another petition for a reduction in the alimony and to wait for permission from the court before he stops or reduces payments.

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Answered on 10/25/00, 4:50 pm
Robert Sher Wagshal and Sher

Re: Twenty five year alimony payment

The answer to your question depends on what your father's ex does if he unilaterally stops paying alimony. She could file a court petition to have your father held in contempt of court for violating a court order, and ask the court to order him to pay up and include her legal fees and court costs. She could obtain a money judgment and enforce it by attaching his wages and bank account, or any other assets she can locate.

The better way for your father to proceed if he feels he should no longer have to pay alimony is to file a petition to terminate or modify the alimony payment based on changed circumstances. These would include any significant changes in the income of either party or the ability of his ex to earn income which may not have been considered when the amount and duration of alimony was set. Of course, he did this just four years ago, so the judge may be unwilling to consider a further modification.

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Answered on 10/23/00, 2:56 pm


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