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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110577
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am 61 years old and my divorce was final one year

Customer Question

I am 61 years old and my divorce was final one year ago and I was paying $3000 a month for spousal support. After one year I got lead off from my job and collecting $450 a week for unemployment benefits. I file for adjustment of spousal support and going to court next week. Last year, as the results of court decision; our house put on market for sale and the money was split between us. She refinanced the house by using my adopted son earning as a joint tenant. My son is leaving with her from 2010 and admitted that he was giving $1700 a month for her expense for 5 years. The court did not include his earning and my ex income in their decision and assuming he would be moving out after our divorce is final. But he never moved out and now he owns half of her house by refinancing. My attorney filed a memorandum in re Marriage of Schlafly (2007) last year, my son said to judge that he is leaving temporarily and will move on as soon as divorce is final but he did not.
My question;
1-She is unemployed and can afford $400 an hour attorney fee and not receiving alimony for 5 months. Is there a chance to convince the judge and how; that my son income counts as her income since they are living together as shows on the deed of trust as a Joint tenants? If yes what do I need to get prepare or ask the judge?
2-I did not received the income and expense from my ex attorney yet and we are due for hearing in 7 days, can I ask judge to postpone the hearing until I seek advise per her income and expense report?
3- Does opposing console know that I am collection unemployment since it is not on my tax return of last year (2015) but will be on next year? Can I; not show that I am getting unemployment benefits next week?
4- I am not planning to work until my retirement witch is next year, what would be your advice for me considering, leaving with my family friend and getting help from my parents right now, I do not own any thing and I am in the verge of bankruptcy because I were living on my credits?
Thank you for your support in advance. Jafary
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Spousal support is based on her needs she can prove. So this means you need to subpoena your son's income information to show he is supporting her and paying for her needs and has actual ownership rights in the house to try to get the judge to consider his income in reducing your spousal support.
2) Your attorney needs to file a request for production to make her produce those income and expense reports. If your attorney did so and they are not yet produced, you need to get to court and file a motion to compel production of those documents and ask the court to continue this hearing until they produce the documents and to temporarily reduce your support payments until she provides the proof based on her failure to provide them.
3) The opposing counsel or court does not know you are getting unemployment. That is your duty to include the fact you are on unemployment as one of your reasons to reduce support based on a significant change in your financial circumstances.
4) I would continue to try to find employment, because if you do not do so the court can "impute" income to you and make you pay support for being voluntarily unemployed. It does not matter if you do not get the jobs you apply for, but showing the court you are legitimately trying to get a job would prevent them from imputing income to you and is grounds for them reducing your support as well.

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