Six Tips For Divorcees Seeking Reduction In Monthly Alimony Payments Amid Changes In The Economy

Job Loss and Pay Cuts Prompt Many to Seek Cuts in Court-Ordered Spousal Support Payments, Southern California Attorney Says

We've heard about the big banks and the auto industry, but what we don't hear much about is the havoc this economy is wreaking on families across the country. A new reality looms as the imploding economy is making life miserable for yet another subgroup -- newly unemployed divorcees who cannot find work but still owe spousal support.

With California leading the nation in unemployment at 10.1%, its highest level in 25 years, it's no surprise that Los Angeles and Orange Counties (two of the larger counties in the state) aren't far behind at 10.5% and 6.5%, respectively. With reduced or no income, many people are unable to make their court-ordered alimony payments due to their lessened ability to pay.

"There are good, hard-working people out there that aren't irresponsible, but just unable to meet their financial obligations in this tough economy," says Aaron Dishon, managing partner at Irvine, California – based Dishon & Block. "There are options within the court system to have their payments revisited if they can provide proof that they've lost their job or received a cut in pay, commissions or overtime."

Aaron Dishon is available to comment on this trend of increased requests for spousal support modification and he can further discuss the following five tips to increase one's chances of being granted a reprieve during these difficult economic times:

1. Contact a lawyer and seek court approval for a modification of your court-ordered spousal support payments. The courts are cognizant of the situation in the economy and will provide you with relief. The worst thing you can do if you lose your job or if your income has drastically reduced is nothing.
2. If you are on good terms, talk to your ex-spouse to see if they're willing to accept less than you owe, or perhaps nothing, until you find a new job. If you do reach an agreement see a lawyer to formalize your agreement so that it is legally binding!
3. Even if your ex-spouse is not agreeable to a modified plan, at least make some kind of good faith payments each month. Try to pay as much as possible each month. This can be viewed favorably by the courts.
4. Be prepared to provide substantiation of reduced income to the court to be considered. By law, you must show a significant change in circumstances. There is no set percentage your income has to drop in order to seek a reduction, but it has to be large enough to impact your ability to meet monthly needs and support obligations.
5. If you lost your job and your former spouse is gainfully employed, consider whether you might qualify for spousal support from your former spouse to help meet your needs until you are once again gainfully employed.
6. Consider whether you should seek to actually terminate spousal support due to the passage of time since the original spousal support order was made as well as potentially reduced income. Recent cases have emphasized that there is no such thing as "lifetime" spousal support in California.

Find out more about Modification of Spousal support in California

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