Alimony modification and pro se

[bubby51]

What is the name of your state?Iowa

I lost my job and currently on UI benefits, so far the job offers I have received are 15-20% lower than job I lost. My alimony was based on the amount I was making at the time. If the job offers are 15-20% lower and I am forced to take a job that pays that lower difference could this be a reason to ask a court for a modification of alimony amount and if so would the process be difficult to do this pro se?

Thank you

 

[Just Blue]

What is the name of your state?Iowa

I lost my job and currently on UI benefits, so far the job offers I have received are 15-20% lower than job I lost. My alimony was based on the amount I was making at the time. If the job offers are 15-20% lower and I am forced to take a job that pays that lower difference could this be a reason to ask a court for a modification of alimony amount and if so would the process be difficult to do this pro se?

Thank you

Why did you lose you job?

 

[bubby51]

I posted the answer to this question on another thread as it had to do with employer fighting my UI claim (which I won) but I worked for an embedded contract company, the company that we were embedded with told the company I worked for that they did not like me and was not a good fit, so my discharge letter was worded that the employee and employer were not a good fit and I was being terminated at the request of the company that we were contracted to work for, my supervisor fought to keep me but in the end the one paying the bills has the say.

I filed UI benefits the company protested, went to interview phase, was found that I had no misconduct, no disciplinary actions so I was awarded UI benefits.

 

[quincy]

Here is a link to your other thread, just for background information purposes:
https://forum.freeadvice.com/threads/unemployment-insurance-benefit-and-employer-protest-of-claim.648407

It is nice that you were successful with your benefits claim.

 

[Whoops2u]

What is the name of your state?Iowa

I lost my job and currently on UI benefits, so far the job offers I have received are 15-20% lower than job I lost. My alimony was based on the amount I was making at the time. If the job offers are 15-20% lower and I am forced to take a job that pays that lower difference could this be a reason to ask a court for a modification of alimony amount and if so would the process be difficult to do this pro se?

Thank you

I don't know the direct answer to your question, but, if you do intend to get things changed, do it fast. Otherwise, make sure any modification is clear the old law applies if you get a modification after the end of the year. While the change under the Tax Cuts and Jobs Act only puts a modification under the new law if it "expressly provides that the amendments made by this section apply to such modification", you don't want some statement in the agreement that parties follow current tax law to cause the alimony to not be deductible.

 

[HRZ]

I agree with the tax suggestions above, and if possible get the modifications done before YE 2018 that way it falls under law favorable to your point of view wo opening up discussion of how it might be worded to be more tax favorable to EX and less favorable to you.

In general a significant change in ability to pay is valid reason to seek a change ..and your feedback re UI is that yours was not a voluntary quit or termination for cause .

ME. I'd get started Monday morning , a reduction will not be retroactive..

Hopefully rather soon you will have actual job wage to plug into equation.

As an aside, be careful about turning down offers ...i do not know where red flags go up in your area but to turn down suitable work could get you disqualified from UI ...at least check the points .

 

[bubby51]

HRZ, in talking with UI representative they cant force me to accept a position lower than either the degree I posses AASD or a job that is not similar to my work history. I am waiting to start a modification because if I receive an offer and the wage allows me to meet bills and current alimony than its a mute point, but if by the end of the 3rd week of this month I will be forced to file the request for modification.

 

[HRZ]

I don't know about Iowa but in some places to turning down jobs close in pay can get you off UI

Nor do I know rules re support modification...just my view that to seek a reduction based on UI quickly raises credibility problems if it turns out you have been turning down jobs for say 20% less and in a sense remain voluntarily unemployed ....if you accept and work at a new job at say 20% less that's a much cleaner fact pattern as to a substantial change in your ability to pay ?
I don't know if you can file now and fill in with any corrected actual new employment data later before it is heard ...but I might check the point

 

[stealth2]

They may not be able to force you to take a job, but the court is also under no obligation to modify your SS amount. Is your SS modifiable? That would matter. As would whether it is actually SS or a property settlement.

 

[bubby51]

The SS is modifiable and yes it is spelled out alimony in the decree, so far the responses while appreciated does not answer the question, is filling a modification for alimony doable pro se or is it absolutely an attorney route? Since some have brought it up, currently I am paying alimony out of my savings, the UI benefits pay for the other household bills, I have calculated that paying alimony out of savings I can cover untill december, so I dont want to take a job that pays just above minimum wage if any of the interviews I have had pan out with a wage that can cover all. If it gets closer to the end of the year and all the offers are less than I would have seek a modification of alimony.

I have kept the letter of release from last job and all the positions I have applied for and interviews and offers received and all by date/names

 

[Zigner]

What is the name of your state?Iowa

I lost my job and currently on UI benefits, so far the job offers I have received are 15-20% lower than job I lost. My alimony was based on the amount I was making at the time. If the job offers are 15-20% lower and I am forced to take a job that pays that lower difference could this be a reason to ask a court for a modification of alimony amount and if so would the process be difficult to do this pro se?

Thank you

This sort of thing could be done pro se, however, none of us know your capabilities. What's easy for that guy may be hard for that other guy. Study up on the local court rules/procedures and then decide if you want to take it on or if you would prefer the assistance of an attorney.

 

[t74]

Would you ask for a downward modification if your new job paid more? I suspect not/

 

[stealth2]

Would you ask for a downward modification if your new job paid more? I suspect not/

Or pay more?

 

[HighwayMan]

You should seek out several family law attorneys for consultations so you can at least have an idea what this would cost you. In my opinion it's always better to go into court represented by professional legal counsel, especially in family law matters.

 

[stealth2]

You should seek out several family law attorneys for consultations so you can at least have an idea what this would cost you. In my opinion it's always better to go into court represented by professional legal counsel, especially in family law matters.

I couldn't agree more. Perhaps if you have really, really educated yourself. But honestly? I would be more comfortable using what I've learned to be a really good client.