What to do if my ex informed me that in a month I will not be getting alimony or child support because he is getting laid off?

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What to do if my ex informed me that in a month I will not be getting alimony or child support because he is getting laid off?

His company is paying him for unused sick and vacation days which amounts to $35,000. Am I entitled to any portion of that for alimony and child support?

Asked on June 6, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would say that you are most certainly entitled to some of it.  He can not just stop paying; he has to ask the court for a modification of the agreement based upon a change of circumstances and he will probably get it.  But the lump sum can be used against him.  Once he default on paying you take him to court for the money and get a judgement every time.  Then you can collect on the judgement when need be.  He will probably cross move to amend the agreement but that is when you jump in and let the court know about the lump sum.  Good luck.


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