I have an existing consent order where I agreed to pay post separation support. I knew at the time, last spring, that my salary would drastically drop in January of 2012. That is because I am living now in housing provide for by my employer instead of living in my own home. So I don’t pay anything for housing or utilities. I filed for a court hearing to get the consent order modified. Today in court the judge asked me where my attorney was, i said I don’t have one. The judge said when are you going to get one, I said I can’t afford one. Then the judge said to me it is very difficult to change a consent order and that I would have to really research how to get this done. So court was over and nothing was done. I thought the hearing I filed for was for the judge to listen to the facts involved and then modify my consent order. Can anyone tell me the steps I need to take to get this done. As the saying goes you can’t milk a dry cow. I can’t pay my wife money I don’t have. So come January 31st I’ll be in contempt of court unless I can figure out how to get this done right.
Yes, you should be able to file a modification for the consent order on the PSS issue, but you will need to convince the judge that a substantial change in circumstances has occurred, such as being laid off, etc. It can be done, but you have to show that the change is substantial and non-voluntary.
As I don’t believe my wife is entitled to Alimony is it possible for me to ask the court to render a ruling on Alimony. I have heard that the only way to get PSS stopped is by permanent Alimoney to be either awarded or declined by a judge.
Crystal thanks for your response. I did file for a modification and i also filed for a hearing. At the hearing the judge didn’t listen to any of the facts that my salary had been drastically reduced, or that I now had custody of my son. The judge just lectured me because I didn’t have an attorney and said this was very hard to do. On January 31st I will in effect be in contempt of court because I won’t have the funds to pay PSS. I don’t know what else to do but wait for that to happen. My wife and her attorney would then have to file for contemp of court and then maybe the judge would listen to me. Any suggestions greatly appreciated.
You may set hearing for Alimony, however it will not cut off PSS if that was awarded for a certain period of time. As for preparing for your contempt hearing, you will need to have all your documentation ready to show that you cannot pay the amount of money ordered (and thus are not in willful violation of the court order).
Had court again today, this time with a different judge. We were suppose to be having judicial review of EQ today. Instead he decided to hear the matter of my modification of PSS. I was crucified in court by not having an attorney. There seems to be a great prejudice in our judicial system if you go to court Pro Se. I presented my case and showed the change in circumstances that had arisen. The judge threw each and every claim I had for change in circumstance out. He denied my motion for modification of PSS. So the judge even said to me I guess you will be back in here real soon since you’re going to be in contempt of court. Biblically I believe divorce is wrong. My problem now is that in order to get rid of PSS I have to have the Subject of Alimony heard. In order to get Alimony heard I have to get a divorce. My wife isn’t going to file for the divorce because she financially is far better off keeping the PSS in force. So to keep myself out of jail for contempt of court I don’t know of any other solution than to file for Divorce. But being a Christian I believe that would not please God. Seems like I have two choices, continue supporting my minor son who lives with me, taking care of all his needs; or I can pay PSS and let my family suffer. If I support my son and end up in jail for doing so what have I gained? But it is always right to do right. It’s always right to please God.
It is likely in your best interest to enlist the assistance of an attorney to represent your interest.