Ex trying to raise alimony after 6 years

[lizzy]

My husband just received a paper to go to court in Virginia because his ex of six years wants to raise her alimony payments to match the house payment. They had a stipulation agreement (Va. law) that stated how much and for how long the payments would last. No where does it say anything about them being adjusted, just that "after 4 years payments may be increased to satisfy the mortgage in its entirety". Does that mean it can be raised 150.00 more a month or that we have to pay the mortgage in full?? This is confusing and we can not afford to pay the remaining balance. Do we need a lawyer there (we live in Florida now), or is he just screwed??
 Any advice or the name of someone we can at least talk to would be very helpful. We pay 850.00 a month now, and she is a school teacher and a realtor and can easily afford to pay the extra 150.00.
 Thanks in advance.

[Piedpiper]

Definitely consult with a lawyer familiar with Virginia law.  Don't just roll over and take anything.  Get your options first.

[livealittle]

you may also want to post this on the AL board to see if Lee can advise you, but I'm guessing he will say what Pied did.

[Lee Borden]

Fascinating. I'm not accustomed to seeing language like the provision in your husband's divorce decree, but his wife must have had a savvy and prescient lawyer. It sure sounds to me as if the parties intended to provide that if the wife's mortgage payment went up (as many are these days), the alimony would go up too, and in an amount sufficient to pay the mortgage payment in its entirety.

To the extent the wife's income has increased significantly or the husband's income has decreased significantly, the court could determine that there has been enough of a change so that the provision should no longer be applied. So I'll finish by endorsing the recommendation you're getting from others: talk to a VA lawyer.