Adjusting how alimony is paid

UPDATED: Oct 1, 2022

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Adjusting how alimony is paid

My dad wants to change his alimony payment from once a year to several payments a
year. Is he required to appear to a judge to make an adjustment?

My parents were married for twenty years and filed for divorce in New Mexico.

Asked on November 21, 2018 under Family Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the alimony was set by a voluntary agreement or settlement that he and his then-wife voluntarily entered into, it can only be changed if she agrees to the change; if she does agree, they can simply both sign an amendment to the settlement agreement and file it in court. What was agreed to volutarily between two parties can be changed voluntarily by them. If she does not agree, however, he cannot force the change.
If the alimony was set by a judge in a court order or judgment or decree, he'd have to apply to the court (e.g. make a motion) for the change. If his ex will sign something that she does not oppose the change, it is very likely be granted; if she does oppose, he'd have to convince a judge to give it to him over her objections. What was determined by a court can only be changed by a court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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