Unlike child support, spousal support is often very difficult (if not impossible) to modify after the divorce is final, so getting it right the first time is a must!
What constitutes a "change of circumstance" to alter spousal support payments? All I can find are vague definitions. When I divorced in 2005 I had a good job with an automotive comapny. Well, we all know what has happened to the automotive industry don't we? Since my divorce I have had to change job 3 x's because the companies have downsized so much. I am now 56 years old and don't get the jobs I once did when I was married. I am also now supporting a new wife and have a mortgage. My ex stated in her divorce statement that I received regular bonuses and I am not sure if that was a factor in the judge ordering me to pay $1200/mo to a woman who makes $50,000 a year (with no minor children at home). Of course, bonuses are now all but obsolite and I am not sure the job I have now will see me into retirement (which, at the rate I am going will be when I am 99). I have no savings, and no credit. My current wife has credit or we would not even have a home. Since my earning "potential" is not what it once was would I qualify for post-decree modification as is allowed in my divorce decree? During the divorce hearing I was laid off and the judge decided my amount to pay because of my "earning potential". I had to draw unemployment last year and half was sent to my working ex-wife. How can this be fair? Are there any laws to protect the older working man? Who do I contact? I live in Tennessee but divorced in Ohio. I have tried to get my alimony reduced during times of layoff but they refuse to let me do that by phone and to travel there just isn't affordable. Any ideas what I can do besides put a gun to my head?
Given that the reduction in income wasn't your choice (if you had quit, you would be out of luck) and you haven't been able to make what you made, you should be able to file for a modification. Do you still make more than your ex? You may be able to eliminate it if you are making around what she is making. I suggest you consult with an attorney to see how to proceed.
What were your respective incomes when alimony was set at $1200/mo? What is your income now?
"I have tried to get my alimony reduced during times of layoff but they refuse to let me do that by phone and to travel there just isn't affordable."
Don't take refusal to work over the phone as a sign that you don't have a case. Courts just don't do stuff like this over the phone. With a potential for $1200/mo relief, I would think a bit of money and time spent on travel and a lawyer would be a very good investment.
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