QUESTION
What do I do to have my alimony payments removed since I don’t work now?
Asked on Mar 05th, 2014 on Divorce - California
More details to this question:
I was court ordered back in 2010 to pay alimony of $1,000 per month for 4 years for an 8 month long marriage. I had it reduced to $750 per month a year ago and now have lost my job this past December and can't pay her anything. I have been required to go to court on the 11th of April for being held in contempt. I have no money to get a lawyer and have no means to pay her. I was told I had a terrible lawyer to ever agree to 4 years for 8 months of marriage.
6 ANSWERS
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
File a motion to reduce or eliminate it. Go to court with proof that you cannot find work and have been unable to borrow or sell property to satisfy your agreement.
Answered on Mar 07th, 2014 at 10:02 PM
If you do not have the ability to pay then you can not be held in contempt. You need to respond to the motion and put all of the facts before the court.
Answered on Mar 06th, 2014 at 5:43 PM
File an amended Financial Affidavit and request a Court hearing to amend and adjust alimony.
Answered on Mar 06th, 2014 at 5:16 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
In your response to the motion for contempt, show your financial situation with all the evidence you have.
Answered on Mar 06th, 2014 at 5:16 PM
Business Law Attorney serving Columbus, OH
at
Robert A. Bracco & Associates
Update Your Profile
Doesn't sound right , but you should immediately file motion for termination of spousal support due to loss of employment so it can be heard also. The court can only go back to the date of filing of your motion, so do not wait to file or you will owe her a lot of arrearages.
Answered on Mar 06th, 2014 at 2:22 PM
Family Law Attorney serving Thousand Oaks, CA
at
Law Office of Terry A. Buchanan
Update Your Profile
First you should contact the public defenders office to secure representation at the contempt hearing which is pseudo criminal in nature. Then you should file a motion for modification of the current order to terminate any support obligation. I'm California the statute states that a spousal support is generally for one half the length of marriage for those marriages which lasted less than 10 years. A self help clinic or consultation with an attorney can assist in preparing that paperwork. You can then proceed to represent yourself at the hearing to modify support if you do not have money for attorney fees.
Answered on Mar 06th, 2014 at 2:21 PM