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Modification of Alimony Payments while unemployed- unmodifiable decree

Question Details: 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!

Asked 9/15/2009 under Divorce, Marriage, Alimony | 607 View(s) | More Legal Topics

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Barry Besser / Barry I. Besser, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

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

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

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.

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