Alimony while unemployed

[Reneepulley]

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

My divorce decree orders me to pay my ex wife spousal maintenance until July of 2010 with a review, and then possibly until 2013 (the papers also state she is attending school and hopes to graduate and be self supporting by July of 2010). I was recently laid off. My unemployment checks will not cover the mortgage of my home. I have been granted custody of our two minor children due to her unstable health history. Am I required to continue the full $500 month alimony payment while unemployed? If so, will the courts hold me in contempt if I am able to pay her a smaller amount (to show I am trying to honor the court's order) so to keep a roof over our children's head?

OR -- may I petition the court for a modification without a lawyer (I definately cannot afford that at this time). Thank you in advance for your advice.

[nextwife]

She's not paying child support?

If not, have you attempted to get an order? Perhaps a portion of the alimony you'd owe her would be offset by the CS she'd owe you.

[Reneepulley]

I neglected to mention that she claims to be "searching" for a job, is attending online "college" and is NOT paying me child support. In this state, the fact that I got custody of my children away from their mother is a huge plus in itself. Don't worry. Once she is working, even if at MCDONALDS, I'll be getting an order for support. Advice?

[Gracie3787]

Originally Posted by Reneepulley

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

My divorce decree orders me to pay my ex wife spousal maintenance until July of 2010 with a review, and then possibly until 2013 (the papers also state she is attending school and hopes to graduate and be self supporting by July of 2010). I was recently laid off. My unemployment checks will not cover the mortgage of my home. I have been granted custody of our two minor children due to her unstable health history. Am I required to continue the full $500 month alimony payment while unemployed? If so, will the courts hold me in contempt if I am able to pay her a smaller amount (to show I am trying to honor the court's order) so to keep a roof over our children's head?

OR -- may I petition the court for a modification without a lawyer (I definately cannot afford that at this time). Thank you in advance for your advice.

You can file a petition for a temp modification. Yes, legally you are required to continue to pay the ordered amount. However, since you are involuntarily unemployed, as long as you file right away and are making a good faith effort to pay, it's unlikely that you would be found in contempt.

[ohiostate]

I am in a similar situation with paying maintenance and being unemployed now in MO. My attorney (and this forum too) said I cannot have my maintenance modifed since it is short term (not permanent). My attorney advised I pay the CS first and then what I can with the maintenance. In addition, the CS cannot be modified until the change in income is "substantial and continuing change of circumstances" which advises it be at least 4 months. Whether a judge will rule one is in contempt is subjective. I believe there has too some common sense.

[Gracie3787]

Originally Posted by ohiostate

I am in a similar situation with paying maintenance and being unemployed now in MO. My attorney (and this forum too) said I cannot have my maintenance modifed since it is short term (not permanent). My attorney advised I pay the CS first and then what I can with the maintenance. In addition, the CS cannot be modified until the change in income is "substantial and continuing change of circumstances" which advises it be at least 4 months. Whether a judge will rule one is in contempt is subjective. I believe there has too some common sense.

Legally, making a finding of contempt is not supposed to be subjective. Contempt is when an obligor is WILLFULLY refusing to obey a court order, and a finding of abilty to pay must be made. When an obligor can prove that thier inability to pay is due to some involuntary reason (layoff, illness, injury, etc) and is making an effort to find a way to pay, any law abiding Judge would not be able to make a finding of contempt. In addition, there is a thing called "good faith effort" which comes into play. If an obligor is making some kind of payments, even if it is not the full amount, that can have a large impact on the Judge's decision.

[ohiostate]

Your last sentence sound subjective. All I was meaning to say if you pay as much as you can it could be a factor in the Judge's decison.

[pittrocks]

just curious...how do you know she's NOT searching for a job or taking online classes...do you have a tracking device on her at all times?

by all means if you think you can't meet the alimony, file for a modification.