Looking for advice on this situation. Paying $4K/Mo Alimony But Lost My Job - Can I Get It Modified? Thoughts?
Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?
Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.
Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.
Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.
I went through a successful alimony modification last year and wanted to share my experience. I was laid off from my $125K/year job and was paying $3,200/month in alimony. The key to getting a modification is proving a substantial change in circumstances that was involuntary and not temporary.
In my case in Ohio, I filed a Motion to Modify Spousal Support under Ohio Revised Code Section 3105.18(F), which allows modification when there is a change not contemplated at the time of the original order. The court examined the reason for income loss, my job search efforts, my current income versus original income, and the receiving spouse current financial situation.
What helped my case: I documented every job application (over 200 in 6 months), showed that my industry was experiencing widespread layoffs, and demonstrated that my unemployment benefits were a fraction of my prior income. I also showed that my ex-spouse had since obtained full-time employment earning $75K/year.
Important warning: do NOT just stop paying while your modification is pending. In most states, alimony obligations continue until a court order modifies them. If you stop paying, you can be held in contempt. Instead, file the motion as quickly as possible, because most courts will make the modification retroactive to the date of filing, not the date of the hearing.