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  #1  
Old 03-18-2009, 07:06 PM
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Question

Alimony modification based on changes in circumstances - question

What is the name of your state (only U.S. law)? CA

Long term marriage, spousal support awarded; I'm no longer employed and moving to city. expenses will be more for rent, etc. shall I ask for increase in alimony? how much can I be awarded, and how do I propose this in court?

Thank you
  #2  
Old 03-18-2009, 07:24 PM
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Quote:
Originally Posted by venugal View Post
What is the name of your state (only U.S. law)? CA

Long term marriage, spousal support awarded; I'm no longer employed and moving to city. expenses will be more for rent, etc. shall I ask for increase in alimony? how much can I be awarded, and how do I propose this in court?

Thank you
Have you looked for work? Why haven't you found work? Why are you choosing to move to a more expensive place WITHOUT a job? Why do you expect your ex to bankroll this?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 03-18-2009, 07:40 PM
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market for my type of work is very saturated; having a hard time finding work. should have more options in a larger city. based on my searches, there are. I have actively been seeking work.
  #4  
Old 03-18-2009, 08:32 PM
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Originally Posted by venugal View Post
market for my type of work is very saturated; having a hard time finding work. should have more options in a larger city. based on my searches, there are. I have actively been seeking work.
You are going to need to prove that you have a definite reason for INCREASING your expenses when you are out of work. Apply in the larger city but do not move until you have a job. A court may be very circumspect about your increased expenses and may impute you with an income. So you can't count on spousal support increasing.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 03-18-2009, 08:33 PM
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Originally Posted by venugal View Post
market for my type of work is very saturated; having a hard time finding work. should have more options in a larger city. based on my searches, there are. I have actively been seeking work.
Many of us have simply had to get by with LESS money in this economy.

Have you considered getting a roommate?
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  #6  
Old 03-18-2009, 09:58 PM
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Be aware - if you file for a modification, it can be decreased or increased.

His circumstances may have changed for the worse, and you may get a Judge who really doesn't like alimony awards.

How long have you been receiving alimony & for how long was it ordered ?
  #7  
Old 03-19-2009, 11:52 AM
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how long have you been divorced

how long is/was alimony awarded for

is it modifiable?
  #8  
Old 03-19-2009, 12:01 PM
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I have been living with a roomate and will now be living on my own. alimony was awarded with no time limit apx 1 1/2 ago. Ex husband now makes apx 10,000 mth. at the time of the divorce he claimed to make $35k year; he was ordered to bring in an expense declaration and proof of income but doubt he will do this. also believe he will prepare the form based on net income; he has his own business now.

court is today; I'm so nervous. what can I expect? Will I get to see a copy of his expense declaration?
  #9  
Old 03-19-2009, 12:34 PM
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Originally Posted by venugal View Post
I have been living with a roomate and will now be living on my own. alimony was awarded with no time limit apx 1 1/2 ago. Ex husband now makes apx 10,000 mth. at the time of the divorce he claimed to make $35k year; he was ordered to bring in an expense declaration and proof of income but doubt he will do this. also believe he will prepare the form based on net income; he has his own business now.

court is today; I'm so nervous. what can I expect? Will I get to see a copy of his expense declaration?
And are his business expenses removed from the 10k or not? Is that what he earns before deductions? Or is that a guess as to what he makes. If he drives truck it is likely he can spend 60k a year on diesel -- if not more depending on how far he drives and how often. Then there are repairs and upkeep on the vehicle, expenses for food, expenses for an accountant or bookkeeper if he hires one. He may actually earn only 35k a year after all deductions.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #10  
Old 03-19-2009, 01:22 PM
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he wouldn't have those expenses; will I receive a copy of his expense declaration in court today?
  #11  
Old 03-19-2009, 01:53 PM
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Originally Posted by venugal View Post
he wouldn't have those expenses; will I receive a copy of his expense declaration in court today?
Why wouldn't he? Doesn't he eat or drive?
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  #12  
Old 03-19-2009, 01:55 PM
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Originally Posted by venugal View Post
he wouldn't have those expenses; will I receive a copy of his expense declaration in court today?
I can't foretell the future so I don't know if you will receive a copy today.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #13  
Old 03-19-2009, 01:56 PM
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Quote:
Originally Posted by venugal View Post
he wouldn't have those expenses; will I receive a copy of his expense declaration in court today?
What does he do for a living?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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