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Henry married Eleanor two years after his divorce. Henry, a real-estate broker, earned enough to live comfortably on his own while giving child support to his two children. Eleanor was a nurse. Her income plus Henry's enabled them to live in a small, two-bedroom apartment in Chicago. When Eleanor and Henry had their first child, money got tight. Eleanor, who early in her marriage was very understanding of Henry's supporting his kids from his first marriage, suddenly began resenting Henry for continuing the child support. She began to feel that the support money belonged to their own child. This put a tremendous strain on their relationship. |
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What If You Lose Your Job? |
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If your case was settled and not tried and you lose your job, you may still be obligated to pay whatever you were paying while you were employed, depending on the laws of your state. Why? Because you (or your lawyer) had the opportunity to include in your agreement a provision calling for reduction of maintenance or child support should you lose your job. |
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Might a judge give you a reduction anyway? Possibly, but it would be easier if your case had been decided at trial, where the judge would address only what was before him, not what may or may not happen. In some jurisdictions, unforeseeable events may provide a basis for changing an agreement. Also, in some jurisdictions, if your children's economic needs are not being met, a judge might be more likely to review and possibly change the agreement. It is essential that the paying spouse go to court immediately for the modification. Generally, spousal support continues to accrue unless you obtain an order modifying it. |
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When a Spouse Does Not Comply with the Decree. |
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Enforcement of the decree is difficult, if not impossible, without the help of a lawyer. There are lawyers who specialize in collections, and others who won't touch it. Before you incur the cost of trying to chase your spouse to collect money, ask yourself: |
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1. Does my ex-spouse have the money or income for me to collect? If the answer is no, you'll probably be wasting your time and money trying to collect what he owes you. |
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2. Are there any other assets that will allow me to collect? A car, home, boat? If so, how much will it cost me to collect against those assets, and how long will it take? Again, it may simply not be worth it. |
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3. Has my ex-spouse put assets in someone else's name? If so, you may run into serious collection problems. |
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