When and how canI have alimony recalculated if my ex-wife’s housing expenseshave gone down?

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When and how canI have alimony recalculated if my ex-wife’s housing expenseshave gone down?

She was awarded alimony and signed agreeing to upkeep the marital residence but it went to a sheriff’s sale. Her father bought the home and is charging her over a $1,000 less a month then the mortgage.

Asked on July 18, 2011 under Family Law, Delaware

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to file an Order to Show Cause (court form) requesting a modification of spousal support.  Attach a declaration signed under penalty of perjury stating the facts supporting the modification of spousal support.  When you file the Order to Show Cause, the court will set a date for a hearing.  File the Order to Show Cause, your declaration and a proof of service with the court.  The proof of service verifies the date of mailing to your ex-wife.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ________ (name and address of ex-wife) on ___________ (date).  You sign and date the proof of service at the bottom of the form under penalty of perjury.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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