QUESTION
I consented to a divorce agreement with spousal support that I cannot now afford how may I get it changed?
Asked on Nov 05th, 2012 on Divorce - Florida
More details to this question:
I was working as an over the road truck driver and didn't have any money to retain an attorney. My ex used an attorney we had socialized with, but now the agreement is different in writing than what we had discussed and I have now been served a contempt notice even though I have made a 50% payment. There are no children involved, and I didn't really understand what I was doing. I have 40 days until the court date what should I do?
11 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Answered on Jun 13th, 2013 at 12:48 AM
Dennis P. Mikko
Assuming the Judgment of Divorce is final and it is past the time of appeal, there is a likelihood that there is nothing you can do. Since you have a serious problem, you could file a motion seeking a modification of the spousal support. In the motion you would have to clearly spell out the problem and why it is now not possible for you to continue making the payments required. It will be helpful if part of the reason you can not make the payments is a change in employment. An attorney would be of help to you in presenting the matter to the court.
Answered on Nov 07th, 2012 at 9:24 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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There are several issues here, and it is wisest to consult with an attorney to understand your options on each issue. As to the MSA, timing is crucial, and affects whether you have options regarding the agreement as a whole. As to spousal support, check whether the agreement calls for modifiable support; if so, then you can file for a modification of the amount. As to the contempt: communicate. "Inability to comply" is a possible defense, but your ex's attorney may be open to negotiating so long as there is a payment of some sort.
Answered on Nov 07th, 2012 at 8:57 PM
You need to consult a family law attorney to review all of the paperwork and determine what you can do to change the amount owed and meet the contempt motion.
Answered on Nov 07th, 2012 at 8:57 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to hire a lawyer to advise you and help you convince a judge of reasons to modify the agreement. If you signed the agreement, you are probably stuck with your choice it will be difficult to convince a judge you didn't know what you were doing. Only a lawyer in the state where the divorce was finalized can advise you as to what is necessary to modify a spousal support order.
Answered on Nov 07th, 2012 at 8:56 PM
File your own Request for Order and set on the same date. For a modification of support based on your actual earnings.
Answered on Nov 07th, 2012 at 8:56 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion to modify based on a substantial change of circumstances that you are unable to pay this and it should be reduced.
Answered on Nov 07th, 2012 at 8:55 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If there is a consent judgment that contains the provision for spousal support, this award may or may not be modifiable. The language speaks for itself. You may be able to set aside the entire judgment if you can prove that it was not consistent to what was placed on the record, misrepresented the settlement or was fraudulent.
Answered on Nov 07th, 2012 at 8:55 PM
You can go back to Court on a Petition or Motion to Reduce Spousal Support. File an updated Financial Affidavit, state your reasons for the reduction and it will then be up to the Judge.
Answered on Nov 07th, 2012 at 8:55 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get an attorney to look at the paperwork. Maybe you can file for a hearing to modify spousal support but you'll still owe arrearages. An attorney skilled in contempts may be able to help. Contempts are somewhat of a specialty.
Answered on Nov 07th, 2012 at 8:54 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney or go to jail.
Answered on Nov 07th, 2012 at 8:52 PM