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Worried how early retirement will affect alimony/child support. Have disability and not sure how long I can continue work

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Ex awarded perm. alimony due to an illness. Ex works full time job. My child is going to college. No communication so I do not know if my child is still going to college. Has happened before with other child. Some days I have to push myself. I have pain due to my disability which causes me to take time off and affects me financially. During my divorce my disablilty was never considered. Now as I get older I'm finding it harder to work and need to know what steps to take.

Attorney Answers 4


Upon establishing a significant, permanent change of circumstances you will be entiteld to have your support obligations (child support / alimony) reviewed and perhaps modified if not terminated. Your statement regarding your "disability" will not be sufficent. However, if you qualify for Social Security Disability Benefits there will be a presumption in your favor that no income (beyond your SSD Benefits) should be imputed to you, and if this amount is significantly less than the annual income you had when you alimony obligation was set you would likely qualify for a reduction if not a termination.

Kenneth A. White, Esq.
Shane and White, LLC

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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If you are paying child support for the child that may be in college, you are entitled to information about school attendance.

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I don't have contact with my child or ex and the school will not release any information. Do I have to go to the court every semester to obtain this information?


You may need to file a motion to reduce your support obligations, depending upon the medical proofs you can obtain.

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If your ex was ill and unable to work or limited in an ability to work at the divorce but is working now, there may be a change of circumstances that warrants modification of your support obligation. You didn't say whether you are contributing to college. If so you should be entitled to recieve information on your child's progress. You didn't mention your age. That and a decreased ability to earn may also be considerations. There are many layers and facts that need to be discussed. You may also consider mediation if your ex-spouse is willing to attend to save you both money in addressing these matters.

This answer does not purport to create a legal opinion based on a consultation or an attorney-client relationship. This information is provided based on the general nature of the question and offers generic information in response. You are cautioned to seek a consultation with an attorney of your choice.

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