How to Modify Alimony if Your Employment Status Changes
Hire a lawyer., Contact your ex-spouse., Negotiate an agreement., Draft an agreed stipulation., Sign the stipulation., File your paperwork., Attend a hearing, if necessary., Get copies of the new order.
Step-by-Step Guide
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Step 1: Hire a lawyer.
Before you make any moves to modify your spousal support order, you need to hire a qualified lawyer to help.
If you plan on coming to an agreement with your spouse, your lawyer can help you negotiate with your ex-spouse, draft an agreement, file your paperwork, and attend hearings.
Because you have likely already gone through a divorce, you probably know a good family law layer already.
However, if you need to Find a Good Family Law Attorney, you can do so by contacting your state bar association's lawyer referral service.
After answering a few general questions, you will be put in touch with qualified lawyers in your area. -
Step 2: Contact your ex-spouse.
If you are on good terms with your ex-spouse, contact them and ask if you can have a discussion about your current alimony order.
See if there is a good time for both of you to sit down together to work it out.
If your employment status has changed for the worse, ask if your ex-spouse would be willing to take less money until you can start making more money again.
If things are really bad, you might even ask if you can stop making payments for a period of time., When you are asking your ex-spouse to agree to new spousal support terms, he or she may not be very willing to give up their existing payments.
Therefore, it might be necessary to negotiate your way to an agreement.
If informal negotiations fail, consider mediation.During mediation, a neutral third party will sit down with both parties to discuss common ground.
The mediator will try to come up with an agreement that benefits both parties without taking sides or offering opinion.
Try some of the following:
Ask you ex-spouse if they will take less alimony until you can fix your employment status.
In return, you might even agree to pay more in alimony once your situation changes for the better.
Ask your ex-spouse if they will take no money for a period of time.
Again, you might incentivize your ex-spouse by telling him or her that you will pay more when you are able. , Once you and your spouse come to an agreement about a modified spousal support order, your attorney will need to draft the agreement (also called a stipulation).The agreement should include a detailed description of your changed employment status and why this has led to a need for a modified spousal support order.
Additionally, the agreement will have to lay out exactly how much you will pay under the new agreement.
Be sure you show your work regarding exactly how you got to that number.
The judge will want to know the reasoning behind your agreement. , Both parties will need to evidence their willingness to modify the existing order by signing the new agreement.Both parties should sign in the presence of a notary public.
Make sure both parties understand what they are agreeing to before the paperwork is signed. , Once the agreement is signed, you will need to file your agreement with the court.
In addition to filing your agreement, you should also file a copy of the existing spousal support order, a draft order form for the judge to sign, and a caption page.
The caption page will identify the parties, the court, and the case number.
The court you will file your papers in will be the same court where the existing spousal support order was entered into.
The case number you put on your paperwork will be the same case number that appears on your existing order.
When you file your paperwork, you may have to pay a filing fee.
If you cannot afford the filing fee, you might be able to get a waiver., Most modifications are settled without court hearings.
The judge will simply look over your stipulation and sign a new order.
However, if the judge has questions about the agreement, he or she may require that the parties attend a hearing.If you are required to attend a hearing, make sure you show up for the hearing early so you have time to park and get through security.
You will not be allowed to bring in any weapons, drugs, or anything else that could harm others.
When your case is called, go to the front of the courtroom with your lawyer.
Your lawyer will do most of the talking.
Both parties will go back and forth explaining why the agreement should be adopted. , If the judge agrees with you and your ex-spouse, a new order will be signed by the judge reflecting your agreement. make sure you get a copy of the new order as that is the legally binding document that explains your new spousal support obligations. -
Step 3: Negotiate an agreement.
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Step 4: Draft an agreed stipulation.
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Step 5: Sign the stipulation.
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Step 6: File your paperwork.
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Step 7: Attend a hearing
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Step 8: if necessary.
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Step 9: Get copies of the new order.
Detailed Guide
Before you make any moves to modify your spousal support order, you need to hire a qualified lawyer to help.
If you plan on coming to an agreement with your spouse, your lawyer can help you negotiate with your ex-spouse, draft an agreement, file your paperwork, and attend hearings.
Because you have likely already gone through a divorce, you probably know a good family law layer already.
However, if you need to Find a Good Family Law Attorney, you can do so by contacting your state bar association's lawyer referral service.
After answering a few general questions, you will be put in touch with qualified lawyers in your area.
If you are on good terms with your ex-spouse, contact them and ask if you can have a discussion about your current alimony order.
See if there is a good time for both of you to sit down together to work it out.
If your employment status has changed for the worse, ask if your ex-spouse would be willing to take less money until you can start making more money again.
If things are really bad, you might even ask if you can stop making payments for a period of time., When you are asking your ex-spouse to agree to new spousal support terms, he or she may not be very willing to give up their existing payments.
Therefore, it might be necessary to negotiate your way to an agreement.
If informal negotiations fail, consider mediation.During mediation, a neutral third party will sit down with both parties to discuss common ground.
The mediator will try to come up with an agreement that benefits both parties without taking sides or offering opinion.
Try some of the following:
Ask you ex-spouse if they will take less alimony until you can fix your employment status.
In return, you might even agree to pay more in alimony once your situation changes for the better.
Ask your ex-spouse if they will take no money for a period of time.
Again, you might incentivize your ex-spouse by telling him or her that you will pay more when you are able. , Once you and your spouse come to an agreement about a modified spousal support order, your attorney will need to draft the agreement (also called a stipulation).The agreement should include a detailed description of your changed employment status and why this has led to a need for a modified spousal support order.
Additionally, the agreement will have to lay out exactly how much you will pay under the new agreement.
Be sure you show your work regarding exactly how you got to that number.
The judge will want to know the reasoning behind your agreement. , Both parties will need to evidence their willingness to modify the existing order by signing the new agreement.Both parties should sign in the presence of a notary public.
Make sure both parties understand what they are agreeing to before the paperwork is signed. , Once the agreement is signed, you will need to file your agreement with the court.
In addition to filing your agreement, you should also file a copy of the existing spousal support order, a draft order form for the judge to sign, and a caption page.
The caption page will identify the parties, the court, and the case number.
The court you will file your papers in will be the same court where the existing spousal support order was entered into.
The case number you put on your paperwork will be the same case number that appears on your existing order.
When you file your paperwork, you may have to pay a filing fee.
If you cannot afford the filing fee, you might be able to get a waiver., Most modifications are settled without court hearings.
The judge will simply look over your stipulation and sign a new order.
However, if the judge has questions about the agreement, he or she may require that the parties attend a hearing.If you are required to attend a hearing, make sure you show up for the hearing early so you have time to park and get through security.
You will not be allowed to bring in any weapons, drugs, or anything else that could harm others.
When your case is called, go to the front of the courtroom with your lawyer.
Your lawyer will do most of the talking.
Both parties will go back and forth explaining why the agreement should be adopted. , If the judge agrees with you and your ex-spouse, a new order will be signed by the judge reflecting your agreement. make sure you get a copy of the new order as that is the legally binding document that explains your new spousal support obligations.
About the Author
John James
Creates helpful guides on hobbies to inspire and educate readers.
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