Grounds for modification of alimony?

[asil8170]

What is the name of your state (only U.S. law)? Iowa
I was married for 17 yrs. to a doctor. We had 6 kids together. We've been divorced for 5 years. In the divorce, I was awarded alimony for 10 years based on the fact that I was educated and employable. I recently had a 4th major back surgery and my employment possibilities are now severely limited. I can not get disability because, during our marriage, I was a stay-at-home mom. Since then I was employed by a school district that did not pay into Social Security...they had their own plan. After that, I was self employed as a photographer. So, needless to say, I do not have the required work history to collect disability.
My question is...are my new circumstances and health issues grounds for modifying alimony? If so, can anyone suggest what might be a resonable request? BTW, I worked very hard at the beginning of our relationship in order for my husband to finish his education and become a doctor in the US (he's originally from Poland.)
Thanks so much for any help and suggestions.

[Proserpina]

Originally Posted by asil8170

What is the name of your state (only U.S. law)? Iowa
I was married for 17 yrs. to a doctor. We had 6 kids together. We've been divorced for 5 years. In the divorce, I was awarded alimony for 10 years based on the fact that I was educated and employable. I recently had a 4th major back surgery and my employment possibilities are now severely limited. I can not get disability because, during our marriage, I was a stay-at-home mom.

No, but you can, if you're disabled, receive SSI (as opposed to SSDI) - SSI is not dependent upon social security quarters.

My question is...are my new circumstances and health issues grounds for modifying alimony? If so, can anyone suggest what might be a resonable request? BTW, I worked very hard at the beginning of our relationship in order for my husband to finish his education and become a doctor in the US (he's originally from Poland.)
Thanks so much for any help and suggestions.

Does your order address modification?

[asil8170]

Yes, our decree states that modification of CS and/or alimony can be addressed every 2 years, especially if either of our circumstances change.

[Proserpina]

Originally Posted by asil8170

Yes, our decree states that modification of CS and/or alimony can be addressed every 2 years, especially if either of our circumstances change.

So this may well boil down to whether or not you are considered to be disabled as surgery alone generally isn't enough to request a modification.

What kind of back surgery was it? diagnosis? current prognosis?

[asil8170]

It was an extension of spinal fusion. The first 3 surgeries dealt with a blown disc at S1-L5 which was finally fused. The last surgery was an extension of that fusion to L5-L4. That disc ruptured several months ago. I now have been diagnosed with degenerative disc disease and the doctors have told me that any job that requires lifting, standing or sitting for extended periods of time, or bending and twisting are "out." They haven't yet classified me as"disabled" but I haven't had my last follow-up appointment either.
OOPS!...the prognosis is that "we're hoping that we can get more than 2 or 3 years in before the next disc up is gone."
The fusion puts more stress on the next disc up and when that disc is already weak, it is easily damaged. It's called The Domino Effect.

[Proserpina]

Originally Posted by asil8170

It was an extension of spinal fusion. The first 3 surgeries dealt with a blown disc at S1-L5 which was finally fused. The last surgery was an extension of that fusion to L5-L4. That disc ruptured several months ago. I now have been diagnosed with degenerative disc disease and the doctors have told me that any job that requires lifting, standing or sitting for extended periods of time, or bending and twisting are "out." They haven't yet classified me as"disabled" but I haven't had my last follow-up appointment either.

Then you need to apply for SSI disability.

They will look at your medical records and make a determination. If you are deemed disabled you will receive SSI payments.

[asil8170]

For some reason, when I applied for disability I thought they said that I also didn't quality for SSI.
So, modification is out of the question?

[Proserpina]

Originally Posted by asil8170

For some reason, when I applied for disability I thought they said that I also didn't quality for SSI.
So, modification is out of the question?

Hold up a sec. What is the current alimony payment per month?

How much longer will it remain in place?

[LdiJ]

I feel very strongly that you should not be relying on an internet message forum for advice in this particular case. Its a bit outside of the norm and you do have a divorce decree that allows for alimony to be modified.

Take your paperwork and go get a consult with a local attorney. You do not necessarily have to retain one at this point, but you do need the advice of one.