What do if I recently lost my job and would liketopetition the court to terminate my spousal support payment?
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What do if I recently lost my job and would liketopetition the court to terminate my spousal support payment?
In which state do I petition for termination of support? I am divorced 18 years and pay support of $1900 per month. I am 64 years old and have a number of health issues. I pay $1100 monthfor medical insurance for myself and my wife. We have a mortgage, 2 car loans, real estate tax, maintenance for our condo, plus utilities and other normal living expenses. I can no longer sustain alimony payments. under the circumstances. My ex receives SSD of approximately $9000 per years as well but has been in stable in the years since our divorce.
Asked on January 2, 2012 under Family Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to petition the court in which you obtained the divorce. If that court no longer has jurisdiction for some reason, petition the court in the state in which your ex spouse lives but start with the court that issued the initial order. Explain your situation and that it has become a hardship for you and you can no longer sustain the expense. It may be more likely that you will get either the alimony cancelled entirely or you will be able to get it significantly lowered. If the lowering doesn't work and you don't obtain a cancellation, consider talking to an attorney about other financial alternatives for you and your current spouse so she is protected in case anything happens in court regarding your assets.
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