Alimony after job loss??

[twofortheshow]

My husband was paying alimony of $250 a month to his ex of almost 20 yrs in CA. They divorced in CA, we now live in NC (3 yrs) and he was laid off last April. We continued to pay from my check, but now can't do it. What do we need to do to make this legal? He is actively searching for a job and has interviewed...but the market is bad and he is over 50. Help!

[tuffbrk]

That depends on his divorce decree. Is it modifiable? If not, he must continue to pay as-is. If it is modifiable, he can file change of circumstances and request a reduction. He needs to be able to document his job seach efforts to date. Even with that information, there is no guarantee that a reduction will be granted.

[twofortheshow]

How do you go about modifying this? Do you get a lawyer here in NC that submits the change request to CA? I do know that he did not respond to his original divorce filing and was in "default" I think.

[tuffbrk]

What does his decree state? Does it indicate that it is modifiable? Many decrees cite specific circumstances such as co-habitation, remarriage, death, etc. as the only available opportunity for SS to be modified. As he defaulted, it's highly likely that the decree is not modifiable...

[twofortheshow]

What happens if he does not pay? We hope this is temporary, but who knows? He has always paid, but we can't help this? He is going to tell her what is going on, but she will probably go to court. She makes more than him. How long do we have until something happens? Can they come after me?

[LdiJ]

Originally Posted by twofortheshow

What happens if he does not pay? We hope this is temporary, but who knows? He has always paid, but we can't help this? He is going to tell her what is going on, but she will probably go to court. She makes more than him. How long do we have until something happens? Can they come after me?

No, they can't come after you, however they can levy a joint bank account, put a lien on any joint assets, yank his driver's license, etc.

[Bali Hai]

Originally Posted by LdiJ

No, they can't come after you, however they can levy a joint bank account, put a lien on any joint assets, yank his driver's license, etc.

All the things that you just love to have in your arsenal if these scoundrel MEN can't pay a rediculous alimony judgement, right.

[LdiJ]

Originally Posted by Bali Hai

All the things that you just love to have in your arsenal if these scoundrel MEN can't pay a rediculous alimony judgement, right.

Hint: ridiculous

[Bali Hai]

Originally Posted by twofortheshow

What happens if he does not pay?

Jail.

We hope this is temporary, but who knows?

And who cares??

He has always paid, but we can't help this?

He should have thought about this BEFORE he married the gold digger!!

He is going to tell her what is going on, but she will probably go to court.

I'm sure she will go to court and feel just fine that she can still make him pay!!

She makes more than him.

Who would have EVER thought that could happen when the idiot judge made their ruling??

How long do we have until something happens? Can they come after me?

Just remember how hard this is for him if you decide to pull the same crap on him or anyone else!!

[Ohiogal]

Originally Posted by LdiJ

Hint: ridiculous

Jeez and I thought LD was one who didn't get alimony from her ex. Come on Bali. Can't you admit that SOME women don't go after everything from a hubby?

[Bali Hai]

Originally Posted by Ohiogal

Jeez and I thought LD was one who didn't get alimony from her ex. Come on Bali.

LD is old fashion and believes that men should work themselves to death to support a women because that's the screwing they get for the screwing they got!!

Can't you admit that SOME women don't go after everything from a hubby?

The law should be overhauled. Divorce means everything marital is split 50/50, black and white, no gray areas.

No "equitable distribution", no alimony and no other discretionary decisions made by judges.

Then the MAJORITY of divorcing women CAN'T do what is inherently their nature, GET GREEDY mostly out of spite!!

Women have lobbied to make divorce as easy as going on vacation. The law should be changed to reflect this fact and prohibit woman from making a windfall from divorcing and putting the man in involuntary servitide just because women can get these old fashion judges to do it!!

[nextwife]

I TOTALLY don't get how they even allow alimony to be "unmodifiable".

Our health and employment get modified, our industries get modified, the world and economy around us get modified. I'm in my 50s and we have friends who lost their jobs and are making way less. They are doing ok, but THEY HAD TO MODIFY THEIR LIFESTYLE. Or have had major heart or other surgeries and had to take on less hours, or less stressful work. Or the field in which we work are less profitable and wages are down. Life happens, things change, and people are fools to not plan for change.

[Bali Hai]

Originally Posted by nextwife

I TOTALLY don't get how they even allow alimony to be "unmodifiable".

Our health and employment get modified, our industries get modified, the world and economy around us get modified. I'm in my 50s and we have friends who lost their jobs and are making way less. They are doing ok, but THEY HAD TO MODIFY THEIR LIFESTYLE. Or have had major heart or other surgeries and had to take on less hours, or less stressful work. Or the field in which we work are less profitable and wages are down. Life happens, things change, and people are fools to not plan for change.

These are all the things that the law ignores because they make SENSE!

To take it a step further, the law is the law whether it makes any sense or not because the libbers want it that way!!

[tuffbrk]

I think the bar association purposely keeps things as-is so that folks have to either find the courage, time and education to appear in court on their own behalf or be able to pay for representation - Family court is nothing but a revolving door.

okay - enough of my rant now. sorry for the hijack

[Bali Hai]

Originally Posted by tuffbrk

I think the bar association purposely keeps things as-is so that folks have to either find the courage, time and education to appear in court on their own behalf or be able to pay for representation - Family court is nothing but a revolving door.

okay - enough of my rant now. sorry for the hijack

You input is always welcome tuffbrk.