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Do I need to make section 71 payments to my exwife if I have lost my job due to layoff and currently live on unemployment.

Waupun, WI |

Do I need to make section 71 payments to my exwife if I have lost my job due to layoff and currently live on unemployment.

This is from my divorce decree: Section 71 payments: In lieu of maintainance and child support consideration, the parties agree that the respondent shall pay to the petitioner Section 71 payments for a period of 10 years. Commencing 12/05 through 7/08 the respondent shall pay $300 per month to the petioner which is when the minor child graduates high school. Commencing 7/08 payments will increase to $500 per month untill a period of 10 full total years has elapsed from the date of this agreement has elapsed and all payments will terminate on 12/2015 with a final payment due that month.

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Attorney answers 1

Posted

This response is from a NJ not WI lawyer. In general family courts only modify these agreements upon application to the original court which issued the order and a demonstration of change in circumstances. In general family courts do not consider unemployment a sufficient reason for lower or eliminating the obligation. If you stop payments on your own, without a court order, you are subjecting yourself to incarceration.
LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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