Question:
I have been ordered to pay temporary child support and alimony payments during the pendency of my divorce.
However, one child is 18 years old and I am unemployed living in a friend’s apartment while my wife lives for free in her boyfriend’s house and has a full-time job.
The judge must have inaccurate financial information to force me to pay so much money while I’m unemployed and broke with no place to live.
How can I get these temporary support orders reduced or eliminated?
Answer:
Since one of your sons is 18, depending on the laws of emancipation in your state, the child support obligation for him may end soon.
The temporary spousal support is usually ordered if one party is unable to support themselves with their own income and property.
However, since your wife or ex is working and not paying for rent, while you are unemployed, it does sound like the judge must have been working off of inaccurate information. I recommend that you speak with your attorney and if it is within the proper timeframe of the maintenance/spousal support order, motion to amend or modify the maintenance/spousal support order.
Since you have been unemployed, you should likewise motion to modify the child support amount, as that seems high if you have no income and your wife or ex does.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.
