How to I go back to court to reduce or the spousalmaintenance that I am required to pay?

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How to I go back to court to reduce or the spousalmaintenance that I am required to pay?

I pay $600 per in in spousal support. When I divorced I was making about $48,000; now I barely make $30,000. I am tremendously in debt living paycheck to paycheck. My ex lives in subsidized housing and is collecting SS benefits because she claims to be disabled by migraines. However she still works full-time and there areno children in the picture. I’d like to do this myself without hiring an attorney.

Asked on November 3, 2010 under Family Law, Minnesota

Answers:

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

Answered 10 years ago | Contributor

From the court, obtain the following forms: (1) Order to Show Cause and (2) Application for Order and Supporting Declaration.  Complete the appropriate information requesting a modification of spousal support.  Attach a declaration under penalty of perjury explaining your reduced income.  Changed circumstances such as reduced income is a basis for a modification of spousal support and is the argument you should emphasize at the hearing.

File your documents and an attached proof of service with the court.  The Order to Show Cause is a request for a hearing.  When you file your documents with the court, the court will set a date for a hearing.  The proof of service verifies the date of mailing.  You can either obtain a court form proof of service or you can write your own.  It just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ________ (name and address of your ex-wife) on ________ (date).  The date of mailing should be the same as the date you sign the proof of service and should be the same as the date you file your documents with the court.

It would also be advisable to check with the court clerk when you obtain the documents I have mentioned in case your state has different names for these documents.


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