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

Asked about 2 years ago - 07728

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)

  1. Kenneth A White

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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
    732-189-1900

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. Jordan A Stern

    Contributor Level 10

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

    The information posted by the Law Office of Jordan A. Stern on Avvo is not legal advice. Consult an attorney for... more
  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

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

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  4. Anna-Maria Pittella

    Contributor Level 7

    Answered . 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.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,168 answers this week

2,987 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,168 answers this week

2,987 attorneys answering