Alimony & Lay Off

[ohiostate]

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

Divorced in July 2007. At the time, I made $80k salary & my ex made $25k. CS is $1005. I agreed to non-modifable alimony for $1000 for 5 years.

I recently was laid off. There are very limited jobs in MO in my field. In I don't something soon, considering taking an job in a different field to get some money. At best I would make in the lower $40k.

I was told by my attorney since my alimony is short term it cannot be modified. It just seems that if I don't have the salary to support the alimony payments, I cannot continue to pay $1000 alimony. Can't my alimony be lowered?

I understand the CS can be changed eventually.

 

[Silverplum]

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

Divorced in July 2007. At the time, I made $80k salary & my ex made $25k. CS is $1005. I agreed to non-modifable alimony for $1000 for 5 years.

I recently was laid off. There are very limited jobs in MO in my field. In I don't something soon, considering taking an job in a different field to get some money. At best I would make in the lower $40k.

I was told by my attorney since my alimony is short term it cannot be modified. It just seems that if I don't have the salary to support the alimony payments, I cannot continue to pay $1000 alimony. Can't my alimony be lowered?

I understand the CS can be changed eventually.

"Non-modifiable" = can't be lowered. You'll have to get a 2nd job, or whatever.

 

[thedoctorisin]

Losing your job would be reason to go back right now and seek to modify your child support. The spousal support you pay will be deducted from your income and added to your ex's income in the new calculation, so your CS should go down significantly.

 

[ohiostate]

Thanks for the reply.

My attorney said:
"There is no minimum time frame that must elapse before an action to modify is ripe. That said, the court must find that there has been a "substantial and continuing change of circumstances" from and after the last order was entered in order to grant a modification of an existing family court order. Temporary losses of income and temporary income fluctuations are not grounds for modification; the court must find both that the changes in circumstance are significant and that the new, changed situation is likely to persist such that a new order based on the changed terms is appropriate. I would recommend waiting for at least 4-6 months after the change (here, your termination from Formtek) so that you definitely meet the "continuing" requirement."

I don't know if I agree with waiting 4-6 months. I am thinking more like 8-10 weeks. Hopefully I find a job soon so that can be the change not unemployment. What is your opinion on waiting 4-6 months?

 

[thedoctorisin]

I don't know if I agree with waiting 4-6 months. I am thinking more like 8-10 weeks. Hopefully I find a job soon so that can be the change not unemployment. What is your opinion on waiting 4-6 months?

If you can afford to wait 4-6 months, then it might be an option to consider. However, if you are going to fall into arrears waiting that long, then you definitely don't want to wait that long. It's better to go in early than go in with an arrearage.