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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26143
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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When I was awarded alimony, I was forced to get a job since

Customer Question

When I was awarded alimony, I had been forced to get a job since my ex left us pennyiless. While I waited 9 months for a courtdate, I had to find a job to feed my teen age boys.   However, I am disabled and was fired from that job. My husband had lost his policeman job because he was witnessed by 12 local cops with a gun pressed to my forehead. He was found guilty at trial and lost his job. The job he worked while waiting to appeal was less pay. So the amount of my alimoney was determined by my income that I no longer have and his wage at the time that was much less than his current salary. I have no health insurance.   He changed my mailing address to prevent me from getting notice of the appeal trial date. Therefore he got his job back because I wasnt there. He has gotten his job back, a raise, and promotion. I am not working. He makes $80k I receive 1200 a month SSA and have our two grown sons living with me. He doesnt pay me on time, right now he is about 11 months behind and I need to have his $250 a month alimoney payment increase by the court. He is living with the woman he was seeing when we where married. What should I do? I cant afford a new pair shoes, let a long attorney fees. However, he has purchased two new cars while he was not been paying me alimoney for nine months. He even changed his cell number so I could not reach him.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

In Alabama, a fundamental change in circumstances is required to modify alimony. Rarely is alimony adjusted upward based upon the payer's increased income. More often, alimony is decreased based on the payer's decrease in income due to circumstances beyond their control.

 

The case of Ex parte Ederer, 900 So. 2d 424 (2004) says:

 

An obligation to pay alimony may be modified only upon a showing of a material change in circumstances that has occurred since the trial court's previous judgment, and the burden is on the party seeking a modification to make this showing. Thus, the moving party must show a material change in the financial needs of the payee spouse and in the financial ability of the payor spouse to respond to those needs. A trial court is not, however, required to modify alimony because of a change in the circumstances of the parties.

 

The only thing you can do is file a motion with the court to increase alimony based on your reduction in income and your disability.

 

If you can't afford an attorney to handle this, you should contact your county circuit court clerk's office to see if there are any forms available. If not, you should contact the Alabama Bar Assn. (www.alabar.org) about finding an attorney in the area to assist you.

Customer: replied 3 years ago.

Does an attorney have to file a motion? Once I file the motion, will I have to go to court and have to face his sneaky lawyer alone? I have tried everywhere to get a lawyer to help me. What forms am I asking the clerks office for? Forms to request an increase or forms to apply for a lawyer? Again, I dont have money to pay a lawyer. My power is being tuned offer tomorrow because he didnt pay me Friday like he promised? He planned his exit and left me homeless and broke. He and his new woman who is an attorney are living in the same gated subdivision we used to live in living the highlife. where as I look like a bag lady cause I have to pay hundreds of dollars for my Pain Pills for the damage he caused to my back by throwing me down stairs.

Expert:  Roger replied 3 years ago.

No, you can file this without an attorney - but I would highly recommend that you get an attorney to handle this for you.

 

If you file alone, you will have to appear in court by yourself.

 

You would ask the clerk for a motion form, generally. It's not likely that they have a specific form for modification of alimony. However, local legal aid should have something like this.

 

If you're not able to hire a lawyer, legal aid or a pro bono attorney can be brought in to help you for little or no cost.

Customer: replied 3 years ago.

I have requested a lawyer from legal aid for months with no help. What about vitcim assistance programs. I was abused and almost killed by him, can I get assistance from them even if he was my husband at the time?

Expert:  Roger replied 3 years ago.

Because there is no criminal case pending, you probably can't expect help from them.

 

You should contact the Alabama Bar tomorrow about this. They should get you in touch with a local attorney to assist you in this matter.

Customer: replied 3 years ago.
How can I find out why I wasn't informed about his appeal case date, so that I could have been there. From the way this man treated or mistreated his wife and walked away from his family, he should not be allowed to wear a badge.
Expert:  Roger replied 3 years ago.
You would have to ask the attorneys handling that case why you were not notified of the hearing. If you were involved as a witness or victim, you should have been notified.

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