I have been working full time with a heart problem. I can no longer keep up with my duties and my boss is very irritated over this. I am afraid i am about to get fired again. (I was fired from my last job for this same reason). If I am fired it will be near impossible to get another job. I ask my cardiologist to recommend I work 2 days instead of full time. He refused saying my heart is structually sound although he already had me come in to speak to a surgeon months before. And even though, thank God it is structually sound, that has nothing to do with my symptoms interfering with my job preformance…ie I have almost passed out several times at work, I am fatigued etc…My cardiologist is affiliated with the place i work so i wondered if that explained his reluctance? I was only asking to cut my hours to keep from being fired again. My question is…if i quit…which would look better on future applications…and cannot find a part time job somewhere else before my alimony runs out then can i file for modification of my alimony or do i need a doctors note stating i can only work part time?
If your work situation was the same, or if you were not working when alimony was awarded, your inability to find work in the future is not a basis for modification.
As for quitting versus being fired, I really can’t advise you as to which route is the better one, as that is not a legal question.
I did not ever work until after the divorce. My papers do not list any reason as to why alimony was awarded or for what reason it will end at the designated time. It would have to have been based on an assumption that I would be capable of working full time, providing support for myself. I did not have this health problem at that time. I certainly do not want to get fired. I like working. I become depressed confined to home. I am doing everything possible and struggling to keep my job. The only way I can see to not become unemployed is to give up and go to part time. So I am going to have to go part time regardless if I can get a modification or not. I have checked into disability and would get a meager amount. The disability attorney said he was not surprised at the doctors reluctance to give a statement as they normally do not want to, although he felt certain I have a disability case.
I have two questions. First question-- I did not work while healthy and married because my husband threatened to divorce me if I did. I can’t work now because of an unforeseen change in health. Two entirely different reasons. Is that in itself not a change in circumstances?
Question two–Part time is my only option which will allow me basic survival only. Since I am only able to work part time is that reason for a modification?
Thank you for your time.
The fact that you did not work when alimony was awarded leads me to believe the court considered that factor in making an alimony award, however I cannot say for sure what the judge’s thoughts were on your future employment. Based on the facts I do not think your circumstances warrant a modification.
We did not go in front of a Judge. We entered into this agreement through mediation. I had recently attained an educational degree that we were under the assumption I could use to support myself. Given no medical issues that would have been the case. The agreement was signed by a Judge but he had no knowledge of our employment status. Does this make a difference?
It may, however the fact that you were not working at the time alimony was set may not be enough for the court to discern that there has been a substantial change in circumstances as you are returning to a state of unemployment.
I am hopefully going to continue to work. I am just going to have to go part time. I do have a recommendation now from my doctor to go from full time to part time due to my health issues. So I will not be unemployed as before?
This does not change my opinion. I am sorry to say I just do not believe this is a case that the court would hear a modification.