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I am in default concerning paying a large alimony payment due

to loss of income and...
I am in default concerning paying a large alimony payment due to loss of income and bankrupsy. I have no personal property or savings and there are no children involved.
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Answered in 12 minutes by:
7/1/2012
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,010
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
I am sorry to hear you are facing this financial crisis in this terrible economy. What is the actual legal question you have for us today?
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Customer reply replied 5 years ago
The areement seems to state that the decree is irrivocable. What can I expect given that it will be imposible to pay all back payments plus pay 3000. per month going forward. I am now 63. I have some imployment income but after tax and help premium there is far less than 3000 remaining.
If the agreement states it is irrevocable, it becomes a major issue that only the court where the agreement was entered into can resolve. You would have to file a motion to modify spousal support and would have to present the evidence of the significant financial hardship and seek to get the court to grant some relief to you by either reducing the amount due or waiving some amount, but these agreements are very difficult to get terminated when they state they were made irrevocable unless your ex spouse is willing to negotiate.

Perhaps you could negotiate an agreement for taking out a life insurance policy with her as beneficiary to cover the amount owed her in exchange for her waiving all of the arrears and future payments. That is one alternative.


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Customer reply replied 5 years ago

There was a term life policy in place to cover this event. However, I had


a heart attack two months after the devorce was final and have had two surgeries since. I am now uninsurable. She agreed to 500. for life but now has changed her mind. What am I to expect if it is imposible for me to pay?

She can file motions for contempt and can even try to seek to have you held in contempt and ask for jail, but with your health conditions it is not likely. You can expect if she pushes it though to litigate and present your impossible financial hardship to the court to seek some type of relief such as a reduction in monthly payments.
Law Educator, Esq.
Category: Family Law
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Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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