Modification


#1

I have been divorced almost 6 years. My income has never and will never reach the level the Court projected (it is MORE than a 15% difference). I brought this to the judge’s attention at a hearing, but he ignored it so I gave up where this judge was concerned. “My” wonderful judge, who never once ruled in my favor, has since retired. What I am asking is would it be worthwhile to try to go before another judge with this issue? I definitely have proof! Also, what would my chances be to get attorney fees for this issue since this involves child support and alimony? I really can’t afford to pay an attorney, but I can’t afford to live at this reduced level forever either. I am now 54 years old, struggling, while the ex is living the high life! Advice? Help? Anything?


#2

I believe if the alimony was court ordered, you can request modification.
If it was part of an agreement, I don’t think you can modify.

Child support can be modified at any time if there is a change of circumstance ( +/- 15%)


#3

In order to modify alimony you must prove there has been a substantial change in circumstances affecting your ability to pay alimony and child support. If your income was projected or speculated at the time and you are now having difficulties meeting your own expenses a modification would be proper, though as the “supporting spouse” you have no claim for attorney’s fees.


#4

I believe lostinspace is the ‘dependent spouse’ if I remember her past posts.