Cannot afford my alimony payments


#1

What if I literally cannot afford my alimony payments and pay my own bills? To pay both alimony and child support I need to earn about 15K per month to give to my ex. This leaves me with not enough money to even pay my own rent/loans/credit cards. Please advise.


#2

If your alimony and child support are pursuant to a court order you may file a motion to modify support and must allege and prove there has been a substantial change in circumstances warranting a change.


#3

Actually NOT a court order. Settlement agreement, not yet entered into court. Does that make a difference? Can an agreement be modified?


#4

If your alimony obligation is spelled out in a Separation Agreement it is non-modifiable. If you cease paying or reduce the amount your ex can sue you for breach of contract. You may be able to successfully defend the claim with a defense of impossibility.