Legal Question in Family Law in Minnesota
I have recently had spousal mainmtenance reintstated for my ex-wife. The judge ordered I pay the same as at the time of the divorce 4 years ago, as my income is almost the same. I am in Minnesota and she is in California or some other state by now. In my response I tried to have the judge consider extraordinary expenses and investment disasters due to the real estate market. None of these were considered. Nor was any of her expense and income information shared with me or considered by the court. Does this seem correct? The order consumes nearly half of my income, so I have basic living expenses that I cannot pay under this order. I will be forced to sell my home at a huge loss, sell anything I have of value, and possibly even be forced to take cash advances against my credit cards to cover the order. What can I do? In light of Minnesota statutes regarding spousal maintenance and the fact that she was awarded it for life based on our 20 year marriage, is there any way to have this reduced?
1 Answer from Attorneys
Spousal maintenance is a complex balancing act in which the Court has to consider and weigh a multitude of factors. In order to have your question answered a Minnesota attorney will need to review your Divorce Decree, all subsequent Orders, the pleadings (motions, affidavits, etc) that were submitted to the Court before this most recent Order as well as the most recent Order. If you wish to have this most recent Order modified there are very specific deadlines that need to be followed. I encourage you to meet with an attorney of your choosing as soon as possible.
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