What to do about alimony and child support if I just lost my job?

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What to do about alimony and child support if I just lost my job?

I am 2 weeks away from my divorce being finalized and I just lost my job. My employer is offering me a severence package. My divorce has gone on for almost two years and I just want it over with. When I get a new job, I will probably be making less than what I am now. Can the child support and alimony be reduced after the divorce is final?

Asked on June 7, 2012 under Family Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

After a divorce is final, changed circumstances such as a change in income are grounds for requesting a modification of child support and alimony.  The court forms you will need to file vary from state to state and it would be advisable to check with the court clerk when you request modification of child support and alimony to be certain you are filing the correct forms.  You will file an Order to Show Cause (OSC) court form to request modification of child support and alimony. When you file an Order to Show Cause, the court will set a date for a hearing on these issues. You will also file a supporting declaration (your statement of the facts supporting your request for modification of child support and alimony) signed under penalty of perjury.  Attach a proof of service to these documents and file them with the court.  Then serve a copy by mail on your former spouse.  The proof of service verifies the date of mailing the documents.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over eighteen and the attached documents were sent via first class mail unless stated otherwise to ____________ (name and address of your former spouse) on __________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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