Surviving Divorce by Pamela Weintraub & Pamela Weintraub & Terry Hillman

Author:Pamela Weintraub & Pamela Weintraub & Terry Hillman
Language: eng
Format: epub
Publisher: DK Publishing
Published: 2014-03-04T05:00:00+00:00

RED ALERT

When negotiating your settlement agreement, if you are the spouse who might pay alimony, consider adding a clause to the agreement stating that you no longer have to pay alimony if your ex-spouse remarries or dies—the latter event is important for tax purposes. As always, see a tax professional before agreeing to the terms of a divorce settlement.

What If You Lose Your Job?

If your case was settled and not tried and you lose your job, you might still be obligated to pay whatever you were paying while you were employed, depending on the laws of your state. Why? You (or your lawyer) had the opportunity to include in your agreement a provision calling for reduction of maintenance or child support should you lose your job.

Might a judge give you a reduction anyway? Possibly, but it would be easier if your case had been decided at trial, where the judge would address only what was before him, not what may or may not happen. In some jurisdictions, unforeseeable events might provide a basis for changing an agreement. Also, in some jurisdictions, if your children’s economic needs are not being met, a judge might be more likely to review and possibly change the agreement. It is essential that the paying spouse go to court immediately for the modification. Generally, spousal support continues to accrue unless you obtain an order modifying it, and child support definitely does.

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