How do I go about filing for a change in spousal maintenance due to financial hardship?
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How do I go about filing for a change in spousal maintenance due to financial hardship?
I agreed to a spousal maintenance amount last year based on what I had been making previously. Unfortunately, my income has suffered since then. I have been unemployed for some periods and at times only employed part time. I’ve been unemployed for the past 2 months and am running out of savings, which are being depleted more rapidly due to paying the spousal maintenance. What forms do I need to fill out to apply for an adjustment to maintenance due to financial hardship? Maintenance is $2,500 per month / I get $2,416 in unemployment which will run out in a few weeks. Agreement was that I would pay maintenance for 1 year; I’ve paid for 12 months.
Asked on August 16, 2012 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Okay there are two avenues here as far as I can see and unfortunately I think you need to have some one read the agreement to determine the best way to go. First, if the agreement was for a year and you have paid for a year (12 months) then the agreement is over. Make a motion regarding this and to stop payments. Otherwise , if you are to continue to pay make a motion for a modification of the agreemtn due to a change in circumstances (that would be loss of income). Good luck.
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