If you lose your job, become disabled, are forced to reduce your wages, or experience some other major life change, you may be wondering how it will affect your child support or alimony obligations. At the time of his divorce, he probably signed a settlement agreement or received a final decree from the court, which describes the amount and duration of his payments. Despite the strength of these decisions, the courts recognize that things change. While he cannot run back to court for a trivial reason, a significant change in circumstances may warrant a post-decree modification.
The first thing you should do is consult with an attorney who is experienced in post-judgment divorce matters. They will be able to explain your options based on your individual circumstances. You should file paperwork with the court asking for the modification as soon as possible, because until a modification is approved, he must continue to pay.
The main question in post-decree modification is whether your change in circumstances is significant. Losing your job does not automatically exempt you from making spousal or child support payments. The court will look at your individual situation and determine if the change in your income/circumstances warrants a modification. Remember, you are obligated to make support payments until the judge tells you otherwise.
If you are paying alimony/support to your ex-spouse and you remarry, start earning more money, or receive a large inheritance, the court can reduce your payment. If you become disabled or lose your job, your child support may be reduced. If your child support payments are reduced, you will not be reimbursed what you previously paid; a decrease is not retroactive. However, an increase may be retroactive. If you have another child, it generally will not affect the support you pay for your other children.
If your written agreement says that the payments are not modifiable, you will have a more difficult time. However, it may still be possible to get some relief from payments that you simply can’t afford due to job loss or some other unavoidable obstacle.
Other issues that may bring parties to a divorce back to court include seeking a change in custody or visitation, moving a parent out of state, or enforcing orders of custody, support/alimony alimony or child support. The division of property is usually final. The court generally does not redistribute property that was divided by the court or by mutual agreement.