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  1. #1
    Join Date
    Feb 2013
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    Default Can You Modify Alimony Due to Reduced Income

    My question involves a marriage in the state of: Arkansas

    My divorce was final 4.5 years ago. At the time of the divorce I was making approximately $200K/year and my ex-wife and I settled on an alimony payment of $3000/month for 4 years. Since that time I got caught up in the recession, had two business failures and a hard time finding employment. I am currently working a job where I make $37K/year. Over the past 4 years I have paid toward alimony when I could but still owe my ex-wife approximately $70K in arrears and I am current on child support.

    Because my ex-wife and I agreed to the original alimony amount can I approach the court and ask for a reduction or elimination of back alimony arrears due to the considerable change in my financial situation? I recently completed a Chapter 7 bankruptcy and over the past four years I have drained all of my assets trying to keep up with living expenses, child support, alimony etc.

    Thank you so much for any help or advice you can provide.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Alimony Reduction

    Generally, only your ex-wife can forgive the arrears.

  3. #3
    Join Date
    Feb 2013
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    2

    Default Re: Alimony Reduction

    Quote Quoting Dogmatique
    View Post
    Generally, only your ex-wife can forgive the arrears.
    Yeah that's not going to happen.... Thanks for the note back.

  4. #4
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    Default Re: Alimony Reduction

    Then unfortunately you're likely stuck.

  5. #5
    Join Date
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    Default Re: Can You Modify Alimony Due to Reduced Income

    Per statute, the court cannot retroactively modify spousal support past the date you file a motion for modification:
    Quote Quoting Arkansas Code, Sec. 9-12-314. Modification of allowance for alimony and maintenance -- Child support.
    (a) The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint for a divorce.

    (b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or through the Arkansas child support clearinghouse shall be final judgment as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order.

    (c) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.

    (d) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.

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