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    november3's Avatar
    november3 Posts: 5, Reputation: 1
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    #1

    Nov 3, 2008, 06:55 PM
    Request to reduce alimony payments
    We want to ask the court for permission to spread out remaining alimony/child support payments over a longer period and reduce each monthly payment since it is tough to pay the full amount right now. We do not want to involve our attorney who has dismissed himself from the case, nor do we want to hire a new attorney. Can we direct this question to the court? To the judge?
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #2

    Nov 3, 2008, 06:57 PM

    What exactly are you trying to achieve ?
    november3's Avatar
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    #3

    Nov 3, 2008, 07:03 PM
    We want to pay less ($500) for the next 72 months instead of the required $1000 for the next 36 months. This will give us an additional $500 per month to pay other obligations since our income has been reduced in this economy.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #4

    Nov 3, 2008, 07:07 PM

    If you have gotten a reduction in income you will have to file for a modification of the support order. But depending on the current situation I don't believe it will be cut in half. Is the bulk of your payment child support ? If so then during the modification you might ask if it can be changed to " family support " even if you keep the same payment. The major difference is child support is not tax deductable where family support is and that could save a bundle on your takes and offset the higher payment.
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    #5

    Nov 3, 2008, 07:10 PM
    Thanks for the info. Can you tell me how we file for the modification? Do we do so directly with the court or do we need an attorney?
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #6

    Nov 3, 2008, 07:21 PM
    Quote Originally Posted by november3 View Post
    Thanks for the info. Can you tell me how we file for the modification? Do we do so directly with the court or do we need an attorney?
    Again it mostly depends on your state. Most states do allow you to represent yourself and in that case you woould deal directly with the courts. Some states allow for a para-legal and what they do is help fill out paperwork for a fee. They aren't allowed to provide any " legal " advice because that would be practicing law. So their powers are limited in scope but can help with the filings and help with having the other parties served.

    What state is this action taking place in ?
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    stinawords Posts: 2,071, Reputation: 150
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    #7

    Nov 3, 2008, 07:22 PM

    It is always easier with an attorney but not necessary. If you want to file but what calif asked will make a huge difference. How much of that is child support vs. alimoney? They are very different especially when it comes to tax purposes. What state are you in? I ask because each state has a different percentage by which your pay had to of decreased before you could ask for a modification of child support most are 15% but some like mine are 20%.
    november3's Avatar
    november3 Posts: 5, Reputation: 1
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    #8

    Nov 3, 2008, 07:53 PM
    My husband's ex lives in NC. We live in VA.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #9

    Nov 3, 2008, 08:03 PM
    Quote Originally Posted by november3 View Post
    My husband's ex lives in NC. We live in VA.
    This is for NC. You might spend some time navigating the site and its resources.

    26th Judicial District SelfServe Center

    They have a lot on there including forms. Also there are self help clinics which you might be able to attend.
    november3's Avatar
    november3 Posts: 5, Reputation: 1
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    #10

    Nov 3, 2008, 08:04 PM
    Thank you for all of your advice and info.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #11

    Nov 3, 2008, 08:10 PM
    Quote Originally Posted by november3 View Post
    Thank you for all of your advice and info.
    Your welcome. And if you get things settled come back and let us know the outcome so we all can learn from it.. thanks

    Keep us posted.. Good Luck.

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