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Divorce Source Community Forums >> Spousal Support/Alimony

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giveortake
recently joined

Reged: 01/04/10
Posts: 20

Can spousal support be modified due to change?

#617680 - 01/04/10 11:39 PM

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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googledad
Carpal \'Tunnel

Reged: 12/31/05
Posts: 10207

Re: Can spousal support be modified due to change?

[Re: giveortake]
#617684 - 01/04/10 11:57 PM

Can SS be modified for this reason?

>>>>>>>>>> That would depend on the language in the court order . Any judicial determination is modifiable based on a continuing and existing chage in circumstances since the decision . Modifying a stipulated or agreed amount can be more difficult .

--------------------
Careful. We don't want to learn from this.

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giveortake
recently joined

Reged: 01/04/10
Posts: 20

Re: Can spousal support be modified due to change?

[Re: googledad]
#617688 - 01/05/10 12:26 AM

Thank You, Googledad.

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