In Utah, and alimony payor can seek a modification of his alimony obligation if he can demonstrate an inability to pay that has arisen due to circumstances beyond his control. Stark examples would include a man who makes a living as a photographer who then goes blind, a man who makes a living as a sculptor and then suffers an amputation of one or both hands, being diagnosed with a malady that events on from working full time without risking death, etc. Less start but more common examples would include having a job in an industry that replaces human workers with computers or robots, losing a job due to the fact that the company has moved its operations to another state or another country, etc. In your case, because you have declared bankruptcy and still do not have the ability to meet even your own basic monthly living expenses, you should have a good case for seeking a modification of alimony, but don't expect the going to be easy. Courts are extremely skeptical of people (especially men) who claim they are unable to pay alimony. Be prepared to prove your case six ways from Sunday; you will be under a microscope and every one of your expenses will as well. It would be wise for you to hire an attorney if for no other reason than to play devil's advocate subject your claims of inability to pay to scrutiny so that you will have ready and inarguable answers to every challenge to your claims. Yes, yes, I know you're going to say you don't have any money and can't afford an attorney, but you'd be surprised the kinds of payment arrangements attorneys are willing to accept, if you get creative and find an attorney who think creatively as well. If you don't have money to spend on attorney, offer to exchange services. If you can do bookkeeping, offer to help set up the attorneys bookkeeping ( most attorneys have horrible bookkeeping if any bookkeeping all). If you don't have any special skills, then offer to be a receptionist, wash windows, provide janitorial work, offer to repaint the entire office. Where there is a will there is a way.
Answered on Dec 31st, 2013 at 7:44 PM