I had read in one of your posts that if alimony is settled, it cannot be modified. Is this still true if there is a substantial change in my life such as a lower paying job or loss of job? I agreed to pay my ex 600/mth till 2014 but anything can happen in life that could prevent me from being able to pay that amount. On the other hand, what if her expenses are reduced or she get a better paying job? These settlements are made using the current situation and it would be unfair not to be able to modify the agreement in the event of a major change. The quitclaim to the house was part of the deal. If she is forced to sign it back over to me, could this effect the amount I pay now either up or down.
If alimony is settled and outlined in a Separation Agreement, it is non modifiable whether there is a change in circumstances or not. Alimony can be settled and made part of a Consent Order, which does allow for modification.
Our agreement was settled at the ED mediation. Ok. So what if you just don’t have the ability to pay anymore or can only pay a reduced amount. Can the settlement be made into a consent order after a hearing. If you don’t have the money, you just don’t have it.
If alimony is outlined in a Consent Order you may make a motion to modify it.
You really didn’t answer my question. I asked if an agreement can be made into a consent order? If my ex sues me for breach of contract and I show that I just can’t pay anymore, awarding her att. fees and any other award is pointless since I couldn’t afford it in the first place.
An agreement can be incorporated into the divorce decree at the time of divorce so long as the agreement itself does not preclude incorporation. Otherwise no, it will remain a contract.
We settled alimony at ED mediation as part of “global settlement” on everything. This agreement was filed at court and signed by the judge. This would be considered a consent order and not a contract wouldn’t it? Therefore, it could be modified correct?
The alimony portion is modificable.