how do i get a change in my spousal maintenance ... I was fired from my job and got a new one that pays a lot less that the amount i was paying. I received a severance payment and have been using that to keep my monthly payments on track....i am running out of severance once done i wont have much to live on after i pay the monthly maintenance.I noticed a typo in my original question. The second sentence should read "I was fired from my job and got a new one that pays substantially less than my previous job"
Apply for a modification of spousal support when the severance payment runs out claiming changed circumstances.
First you need to check your current spousal maintenance order. Some orders will contain a provision telling you when or how you can or can not change spousal maintenance. (i.e. some spousal maintenance agreements are not to be modified). Next you need to check your order to see what process must be taken before a modification.
Many court orders require the parties to mediate prior to returning to court. If this is the case, you will need to find a mediator.
If your court order does not prevent you from changing spousal maintenance, and mediation is either not required, or has been unsuccessful, then you can bring a motion to modify spousal maintenance based on your change of income. You can find forms on the MN Courts website.
You may be able to save some of the time and expense of mediation and court motions if you are able to talk to your ex and work out an agreement. If you reach an agreement, you can submit a Stipulation and Order to the court.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements