Question:

When my ex and I divorced, we agreed to 50 / 50 custody and no alimony since we had roughly the same income.

Recently, my income has increased. Am I now liable for alimony?

Answer:

Depending on what your divorce decree actually states in regard to alimony and the specific alimony laws in your state, you may not be liable for alimony even if your income increased.

In some states, if your divorce decree says that you and your ex-wife waived your rights to alimony now and in the future, then your ex-wife will not be able to file a motion for modification of alimony.

If your decree or agreement does not indicate what type of waiver it was, and if your jurisdiction allows either spouse to file a motion for modification, your ex-wife may be able to do so.

Something that will be open to modification is child support. In most states, child support can be modified upon a material change of circumstances. If your income has increased, that usually can be enough to modify child support.

You should contact an attorney licensed in your state to review your divorce decree and the alimony provision to ensure you are not subject to modification of alimony.

You should also have an attorney review child support based on your new income so you know what may happen if your ex-wife files a motion for modification.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.