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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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In a MN divorce my current husband states he signed

Customer Question

In a MN divorce my current husband states he signed something that makes his alimony payment stay the same no matter what happens. He lost his employment 6 months ago and we cannot pay our own bills and may have to sell our home now. Can't his spousal support be adjusted till employment is found?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

There are circumstances where the alimony can be adjusted via a Modification.

But even if he lost is job, he is still responsible to the court order.And he should be working anywhere he can at this time to make those payments otherwise you can file a Motion to Show Cause for Contempt.

Expert:  Samuel II replied 1 year ago.

Here is the LINK for the MN statutes as they pertain to a modification.

Customer: replied 1 year ago.
What? Why would we file a contempt on ourselves? I'd like a refund please
Expert:  Samuel II replied 1 year ago.

Ok. Perhaps I misunderstood. Are you agreeing to him not paying the alimony because he has no work? Thanks for the clarificationl

Expert:  Samuel II replied 1 year ago.

What exactly is it you want to do?

Expert:  Samuel II replied 1 year ago.

I see, your husband is the ex of the spouse who is receiving the alimony and you want to know if you can get a modification until he gets employment? Is that correct?

Expert:  Samuel II replied 1 year ago.

Yes, he can file for a modification. It does not matter that he is ordered to pay permanent alimony. He can have the modification to put the payments on hold, but interest will accrue.

Expert:  Samuel II replied 1 year ago.

And so he can get the modification form via the court where the order was issued. He can fill it out and file it himself without the help of a local attorney. The basis for the modification to put the payments on hold is that he is not employed by no fault of his own. Anything he files with the court will need to be served on the ex wife. And she can respond and contest it.

Expert:  Samuel II replied 1 year ago.

If he can show that the unemployment is no fault of his own and that your income is not even paying your debts, the payment of alimony can be temporarily suspended.

Expert:  Samuel II replied 1 year ago.

I apologize I was not clear on the question as posted. Thanks for the clarification and opportunity to provide you this true and correct information as to your situation. Please let me know if you have other questions, need clarification or more information.

Thank you.

Expert:  Samuel II replied 1 year ago.

If you still want a refund, I can put in that request. However, your money stays on balance account with this website if you do not provide a rating. If you have other questions in this regard, you can use this LINK and chat with a moderator about your deposit.