giveortake
recently joined
Reged: 01/04/10
Posts: 20
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My husband pays his ex wife child support and spousal support. He shares custody 50-50 with her.
He was laid off from his job approximately one year ago and has not sought a modification.
While he is constantly seeking employment, with our economy it has not been productive.
It is unlikely that he will ever again be capable of earning the kind of wage they enjoyed during their marriage, which is what the SS is based upon. He is older and not physically capable of putting in 70-80 hour work weeks as he was before. His health has declined and while he has every intention of being reemployed, it will never be as substantial as it was during and shortly after their marriage.
Can SS be modified for this reason?
Ex wife is gainfully employed and we have now exhausted our resources, have taken all of the equity we can from our home and depleted our savings.
My income and his unemployment checks will barely cover our own living expenses.
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elw
recently joined
Reged: 04/03/08
Posts: 2
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I assume your SS is the result of a "long term" marriage? You can always ask for a SS hearing if you feel the basis of the SS that was set has changed due to circumstances beyond his control. I believe the applicable code section is 4320 which spells out the elements the judge assesses when setting the SS. I doubt the judge would modify the child support but both could be changed if you can show a change in circustances that you did not create to avoid paying the SS or CS. I have had my SS that I have been paying for the past 9 years modified (reduced by about 70%) twice now from the initial SS set at the divorce hearing.
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CAFamilyLawCoach
journeyman
Reged: 01/02/10
Posts: 63
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Absolutely losing your job is a change in circumstances! And, yes, depending on how long he has been paying and how long the marriage was, you can argue that the ex has become "self-supporting" and no longer requires the support.
--------------------
Christina McPherson, Esq.
Hourly family law coach
CAFamilyLawCoach.com
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