Can I modify alimony after a bankruptcy? 23 Answers as of January 10, 2014I got divorced in 2011 and was ordered to pay lifetime alimony as well as child support. Both payments come directly from my paycheck. This makes it impossible to pay my monthly bills and I was forced to file Bankruptcy. I still cannot even pay the regular bills.
Rhymer Law Firm | William Rhymer
It is sometimes possible to modify alimony and/or child support but you would need to talk with a domestic relations attorney and explain your factual situation to him or her. The bankruptcy case would usually not prevent a post-discharge modification.
Answer Applies to: Georgia
Eranthe Law Firm | Cate Eranthe
Usually you can. You will have to file a motion in the court where the support was ordered and you will need a change in circumstances like less income. It also depends on what the orders are in your final judgment. Have a knowledgeable local family law attorney review your situation. Nothing can be changed without filing with the court. Even if your former spouse agrees to take less you will still legally owe it unless you file with the court.
Answer Applies to: California
John Russo | John Russo
You should have worried about that when you were putting the divorce through to late now, if the alimony provision is non-modifiable then you are out of luck, again the time to deal with that was during the divorce, lifetime alimony is as rare as hitting power ball, you either did the divorce yourself, or you had a real estate attorney representing you, or your ex had a severe illness, short of any of those there is no reason for lifetime awards, not in this day and age.
Answer Applies to: Rhode Island
Robert S. Payne, Utah Bankruptcy Attorney | Robert S. Payne
You can, but this is a family law question, not bankruptcy. You'll need to hire a good divorce attorney to file a petition to modify divorce decree and make a strong argument that alimony and/or child support need to be lowered. It won't hurt or help your bankruptcy.
Answer Applies to: Utah
Eric Johnson | Eric Johnson
In Utah, and alimony payor can seek a modification of his alimony obligation if he can demonstrate an inability to pay that has arisen due to circumstances beyond his control. Stark examples would include a man who makes a living as a photographer who then goes blind, a man who makes a living as a sculptor and then suffers an amputation of one or both hands, being diagnosed with a malady that events on from working full time without risking death, etc. Less start but more common examples would include having a job in an industry that replaces human workers with computers or robots, losing a job due to the fact that the company has moved its operations to another state or another country, etc. In your case, because you have declared bankruptcy and still do not have the ability to meet even your own basic monthly living expenses, you should have a good case for seeking a modification of alimony, but don't expect the going to be easy. Courts are extremely skeptical of people (especially men) who claim they are unable to pay alimony. Be prepared to prove your case six ways from Sunday; you will be under a microscope and every one of your expenses will as well. It would be wise for you to hire an attorney if for no other reason than to play devil's advocate subject your claims of inability to pay to scrutiny so that you will have ready and inarguable answers to every challenge to your claims. Yes, yes, I know you're going to say you don't have any money and can't afford an attorney, but you'd be surprised the kinds of payment arrangements attorneys are willing to accept, if you get creative and find an attorney who think creatively as well. If you don't have money to spend on attorney, offer to exchange services. If you can do bookkeeping, offer to help set up the attorneys bookkeeping ( most attorneys have horrible bookkeeping if any bookkeeping all). If you don't have any special skills, then offer to be a receptionist, wash windows, provide janitorial work, offer to repaint the entire office. Where there is a will there is a way.
Answer Applies to: Utah
The Law Office of Darren Aronow, PC | Darren Aronow
The bankruptcy has nothing to do with the modification of alimony (or maintenance). That is an issue that you would have to bring up in the matrimonial courts but after your bankruptcy, you should have no other debts to pay.
Answer Applies to: New York
J. Barbour Rixey, P.C. | J. Barbour Rixey
It depends on the support order. If it allows for modification based on a change in circumstances or the court awarded spousal support after a hearing then yes you can attempt to do so. If the support is based on an agreement and there is no provision for modification then no you can't modify it.
Answer Applies to: Virginia