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Question: Divorce, Marriage, Alimony - California

Asked on 9/15/2009
Modification of Alimony Payments while unemployed- unmodifiable decree
I've been divorced for over three years, Last Nov. I lost my job and have yet to find employment. My spousal support payments are higher than my unemployment, I can barely get by. the divorce decree is un-modifiable. It is not likely at this point that i will be able to get an income that is enough to support the $2,000 a month I am required to pay my ex wife. I have no assetts and was required to assume all debt in our divorce ( she filed bankruptcy during the divorce). Every 6 mo I'm called into a hearing, the cost to make it to another state for the hearing is more than I can afford. Help!

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


Without seeing your decree, I don't understand how it can be considered un-modifiable.  I'm not a California attorney, but in most states, extended unemployment, if you can document a good, serious job search, will get you at least a temporary reduction.  It's called a change in circumstances.



  • Answered on 9/15/2009
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I would have to see your divorce Judgment.  If it is non-modifiable, you may have some difficulty, however, due to what has happened to the economy in general, as well as your job situation, there may be something that can be worked out.

BARRY BESSER, www.besserlaw.com



  • Answered on 9/15/2009
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