So this past Friday was my last day at my job. I am a consultant and my contract was not extended, so it ended on Dec 16th.
Right now I pay my ex-wife $3200 a month in spousal support. It’s not court order, but it’s part of my spousal separation.
What happens come Jan 1st. when I need to pay my ex-wife and can not afford this amount?
What form do I need to file in order to reduce my payment?
How long does it take?
Do I still need to pay my ex-wife the whole amount on Jan 1st even if I don’t have the money?
If the alimony terms are included in a separation agreement that has not been incorporated into an absolute divorce judgment, then refer to your separation agreement about modification of alimony or what to do in the event of an income decrease by the supporting spouse. Oftentimes separation agreements state that alimony is non-modifiable.
If your alimony is modifiable, you can discuss a modification with your ex-wife. However, because alimony is in a separation agreement and not a court order, the only way to modify it will be if your ex-wife agrees.
There is nothing you can file with the court if your alimony terms are in a separation agreement and not part of a court order.
Unless your alimony is modifiable and you and your ex-wife agree to modify the new terms, you will still be contractually liable to pay the full alimony amount.