[Sashaluv57]

After a marriage of 25+ years, my ex left me and two daughters. Florida divorce was final September 07 w/Final Consent Judgment. Ex to pay permanent alimony of $1500/mo and child support. My issue: ex has been unemployed as a VP since April 08 and is going back to court to ask for reduction/abatement of alimony. He is 59 1/2 and he says he has no hopes of becoming employed?? After 10+ years with his employer I'm certain he got a decent severance package and I know that he has his 401(k) account.

The entire $1500 alimony (plus some out of my pocket) I use to pay the first mortgage on the marital residence per FCJ, which is currently on the market. He is responsible for 2nd = $350. I live in the house with a minor child and because he refuses to reimburse or come out of pocket even though the agreement says he must, I pay for all repairs and maintenance and upkeep on the marital home - which is difficult to do on my salary.

If he receives even a reduction in alimony, I will not be able to make the mortgage payments and we will lose the house to the bank. What are the chances the Court will allow the reduction/abatement? I don't want to lose the house - over $100k equity. Are there any precedents I can refer to? Is a Final Consent Judgment modifiable when it states that he has agreed to pay permanent alimony unless death by either party or upon my remarriage? I thought an agreement was an agreement? Any input or insight is greatly appreciated. I know I will need to get an attorney once I am served or if I am served, but I'm having a lot of sleepless nights wondering if he is going to get the better of me again; if I should start looking for a second job or make the kids give me their paychecks.

Thanks! :o

[450donn]

With no visible income and unless your divorce decree gave you part of his 401K he stands a fair chance of getting the payments reduced. As for the house, why not simply sell the place and buy a house you can afford? OK it is on the market. Maybe you need to reduce the asking price to get it moved. And get your lawyer involved now. If he is not making his payments as court ordered then you need to go after him.

[cadillac59]

We have something called "non-modifiable spousal support" in California. The court cannot order it but the parties can agree to it if they want to (which I personally think is insane and would never let a client of mine agree to). Only if your ex-husband's spousal support order states it is non-modifiable is he on the hook. Calling it "permanant" means nothing and the fact that it was entered into by agreement means nothing either. Spousal support orders are presumed modifiable (assuming there is a change of circumstances) unless specifically labeled non-modifiable. That's pretty much the way the law works.

If your ex is unemployed why should he have to pay support (unless he is deliberately trying to avoid finding another job)?