QUESTION

Can I modify alimony after a bankruptcy?

Asked on Dec 30th, 2013 on Bankruptcy - California
More details to this question:
I got divorced in 2011 and was ordered to pay lifetime alimony as well as child support. Both payments come directly from my paycheck. This makes it impossible to pay my monthly bills and I was forced to file Bankruptcy. I still cannot even pay the regular bills.
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14 ANSWERS

William Rhymer
It is sometimes possible to modify alimony and/or child support but you would need to talk with a domestic relations attorney and explain your factual situation to him or her. The bankruptcy case would usually not prevent a post-discharge modification.
Answered on Jan 07th, 2014 at 1:09 PM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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The bankruptcy should not affect your family law case or ability to modify support payments.
Answered on Jan 03rd, 2014 at 10:17 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Alimony may be modified at any time by the Judge. You must file a Petition to Modify any relief is up to the Judge.
Answered on Dec 31st, 2013 at 7:46 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You may be able to. You need to contact a local attorney to file a motion for modification.
Answered on Dec 31st, 2013 at 7:46 PM

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If there has been a change in income you can file for a modification of your spousal support but the bankruptcy and your bills is not good grounds.
Answered on Dec 31st, 2013 at 7:46 PM

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Personal Bankruptcy Attorney serving West Jordan, UT at Robert S. Payne, Attorney at Law
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You can, but this is a family law question, not bankruptcy. You'll need to hire a good divorce attorney to file a petition to modify divorce decree and make a strong argument that alimony and/or child support need to be lowered. It won't hurt or help your bankruptcy.
Answered on Dec 31st, 2013 at 7:45 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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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

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You will need to ask a family practice attorney whether you have grounds to decrease your alimony obligation after filing bankruptcy. Bankruptcy does not affect your obligation in family court.
Answered on Dec 31st, 2013 at 7:44 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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Yes, you can file to modify alimony at any time as long as you can show a change of circumstances.
Answered on Dec 31st, 2013 at 7:44 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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In order to modify alimony there must be a change in circumstances not anticipated at the time of the entry of the original order. If your income has decreased, that would be a change in circumstances.
Answered on Dec 31st, 2013 at 7:42 PM

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Deborah F. Bowinski
The laws in your state that control what can and cannot be modified from a divorce decree will determine the answer. The bankruptcy filing has nothing to do with modifying alimony.
Answered on Dec 31st, 2013 at 7:42 PM

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Bankruptcy Attorney serving Oakland, CA at Elkington Law
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Modification of your alimony and child support is a family court issue. You will have to go back to family court and prove a change of circumstances to get such a modification.
Answered on Dec 31st, 2013 at 7:41 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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In NJ, it is possible to request a modification of alimony and possibly child support. You would have to meet the Lepsis Test.
Answered on Dec 31st, 2013 at 7:41 PM

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Complex Litigation Attorney serving Costa Mesa, CA at Thomas Vogele & Associates, APC
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You cannot discharge such obligations through bankruptcy but you can go back to family court and seek to reduce them through a modification order.
Answered on Dec 31st, 2013 at 7:41 PM

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