Recently went to court and ex rec'd $1700 a month alimony (amt was supposed to be $2200 - $731 C/S, I have the kids). She said she wouldnt take less then $1700 a month and not pay C/S. just got the decree giving me a divorce and that I would not sue her for C/S. am having a hard time trying to take care of the 3 kids I have and pay her $1700/month. Judge told me that if I didnt agree to $1700, then I would have to go back to the Pendent Order of $2000/month (that was when she had the kids) and we would have to see the master again and that could be 6 months from October. I dont live in Montgomery County, I live in Washington county. I feel that the judge was against me in the start, would never listen to what I had to say, only was listening to what she had to say. Can I take her to court up here and refile the alimony? I think she is picking up more hours at her job (which she can get a better job but refuses to). I am gone all the time because I work 3 jobs to pay her and to take care of the kids. Do I have grounds to take her back to court? Do I have to go back to Montgomery County or can I do it up here?
2 Answers from Attorneys
I am happy to answer these questions if you would like to contact me at my office.
You can file for a modification of the alimony amount if you can show a signficant change of circumstances from those that existed at the time the present order went into effect. An example of this would be a change in employment or income status for either you or your ex. You can't start a new case in Washington County just because you're unhappy with the outcome of the ruling in Montgomery county. That court will retain jurisdiction.
You would be well advised to consult with a family law attorney for a more complete explanation of your options.