How soon after a judgement can you pursue another modification?
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How soon after a judgement can you pursue another modification?
I recently went to court to have alimony paid to my ex terminated since she was cohabitating in a meritricious relationship. I hired a PI and was able to prove that he lives there. However, they lied and had family members lie saying he does not live there but just stays there often. The judge did not terminate the alimony. I am told by my children that he is still living there. What other actions can be taken? Do I have to wait 2 years before pursuing this again? If he is still living there in about a year, could I stop paying and then deal with it through a contempt?
Asked on May 4, 2012 under Family Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you lost your motion to teminate your spousal support, you can file another motion to modify based upon any "new" evidence received after the hearing that you lost the motion on. You do not need to wait a year or so. All you need to do is obtain credible evidence to support your claim that you are entitled to a reduction in your spousal support.
I suggest that you do consult with a family law attorney to assist you in your endeavor however. It is better to have an attorney assist in such a matter than a person who has no experience in spousal support issues.
I do not recommend that you try and get a modification of the spousal support amount by not paying it and having to deal with a contempt motion. All that would do is irritate the court and make it less likely to give you the relief that you want.
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