Last year the court gave me the temporary order to pay the alimony to my wife. Because at that time I have the temporary job and my wife said she no job and no income, now I lost my job and no income too. I asked my lawyer to make a motion to cancel the temporary order, but he doesn't do that for me, he said I still have responsibility to pay alimony, is this true? now I'm not ability to pay, how can I pay? Can I ask the judge modify the temporary order? both of us no income and property how the judge make the decision about the alimony? we got marriage more then 20 years.
Family Law Attorney
If you were married for more than 20 years, your attorney is probably correct with regard to the ongoing alimony..... Certainly you can obtain a "consultation" with another attorney if you are have second thoughts about your current attorney..... but your current attorney knows the case better than you think.....
Best wishes to you.
No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.
The threshold question for determining Alimony is whether there is a need and an ability to pay. Based on your facts, it seems that your wife has a need for alimony. The question of whether you have an ability to pay is a bit more complex. Not only is your actual income considered in this analysis, your earning capacity is also considered; especially if you were the historical breadwinner in the family. I agree with Attorney Molloy that you may wish to seek a second opinion to give a fresh look at your situation. However, a 20 year marriage is considered long term and under the new Alimony Statute, you may be obligated to pay spousal support until you reach your full social security retirement age or until one of the statutory events is triggered, such as your wife remarrying. In the meantime, a court may consider a temporary reduction or elimination of temporary alimony if the facts of your case are compelling. Your attorney may have good reason not to seek a reduction or elimination of alimony, but you should engage in a dialogue to understand why. Best wishes.
DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or create an attorney-client relationship and the information provided does not constitute full analysis of any specific matter.
You are supposed to continue to pay alimony until the court changes the order, but you can't be found in contempt unless you have the proven ability to comply. You can seek a modification, but it is impossible to tell from the limited facts here whether that would be successful of not.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.