Can a husband change his alimony payments to his ex?

Q. My husband pays alimony 28% of his salary to his ex-wife. His situation has drastically changed since the divorce. He has had a stroke and lost his job. We have 2 small children, all of his children with the ex-wife are over 20. He got a new job which pays 1/2 of the salary he had when the divorce was settled. We are thinking of going into the court and filing a modification to try to decrease the alimony to a lesser amount. My questions is - What is the minimum alimony payment in the state of Massachusetts? Someone said it's 25% is that true? We would like to pay nothing. This woman got 700,000 when properties were sold, and bought herself a piece of property outright. We're struggling to hold onto what we've got. From a paycheck of $992.00/wk, we have to send her $383.00, this leaves us $660 for 4 people to try to survive on. Please try to answer my question.

Thank you in advance for your time.

A. First of all, as to actual percentages and numbers, every state has different schedules and procedures for calculating amounts due for alimony and child support. You have to refer to Massachusetts law on the specifics of the numbers for your situation. You'll most likely need a Massachusetts attorney for that, and you should probably consult one.

However, as to the general concepts you raise, your husband can go to court and file a motion (sometimes called an “application,” and sometimes called a “petition,” depending on the state you live in) for a modification of the terms of the divorce based on changed circumstances. Ordinarily, the terms of the original divorce should address things like what happens when the children reach the age of 18 (or 21) or otherwise become emancipated. The divorce decree may also address what happens in the event or remarriage, loss of job, illness, and other ordinary events, so your husband should review it, just to cover his bases.

If the divorce decree doesn’t specifically address the issues you raise, I suggest that you consult a divorce attorney in your area. Family law is one of those specialized fields in which it helps tremendously to have a knowledgeable attorney on your side. Often, divorce attorneys will work with you on the fee. However, even if you cannot find one, you can still file a motion based on changed circumstances and then explain to the court what the problem is and what relief you are seeking. It’s not always easy, but it can be done.

Good luck.