What Constitutes a significant change of circumstances?

[smd5651]

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

My ex is taking me back to Court for Modification. The year of our final settlement agreement was 2002 and he was making $78,000 a year. In 20087 he made $71,000 and has filed bankruptcy because of a business going under to discharge all the personally signed for debt, but he has been employed by another company making his regular paychecks since January of 2008 with his income of $71,000.00. He and his wife also own 4 rental properties together, and claim a loss every year on their joint income tax return....please where do I stand? He wants to modify my alimony, and it seems to me he will be discharging all his debt in bankruptcy soon and not have any bills any longer...what is significant change of circumstances? Does it have to be permanent? He has only been paying me half my alimony since he serves me with papers 4 months ago and I can't pay all my bills. My credit is ruined because I can't pay my credit card bills in order to eat and make my house payment and utility bills.

[Proserpina]

Are you working?

ETA: Regardless, it's not a good idea to rely upon alimony...if he dies, or becomes disabled, you're going to be in even more of a financial mess.

If you can't afford to pay off your debts, bankruptcy might be a good option for you, specially if - as you said - your credit is already ruined.

[LdiJ]

Originally Posted by smd5651

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

My ex is taking me back to Court for Modification. The year of our final settlement agreement was 2002 and he was making $78,000 a year. In 20087 he made $71,000 and has filed bankruptcy because of a business going under to discharge all the personally signed for debt, but he has been employed by another company making his regular paychecks since January of 2008 with his income of $71,000.00. He and his wife also own 4 rental properties together, and claim a loss every year on their joint income tax return....please where do I stand? He wants to modify my alimony, and it seems to me he will be discharging all his debt in bankruptcy soon and not have any bills any longer...what is significant change of circumstances? Does it have to be permanent? He has only been paying me half my alimony since he serves me with papers 4 months ago and I can't pay all my bills. My credit is ruined because I can't pay my credit card bills in order to eat and make my house payment and utility bills.

A bankruptcy could be a change of circumstance, but I agree that he is likely to have more disposable income than he had before. He may not prevail.

I also agree with the other poster however, that you need to be more self sufficient if you possibly can.

[ohiostate]

First of all, does your divorce papers say on if the alimony is modifiable or non-modifiable. Is it permanent alimony or short term? In Missouri, if the alimony is non-permanent, the alimony is non-modifiable.

Also, you have left out what income you are making.