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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Non-Modifiable Spousal Support

    My question involves divorce in the State of: AZ.
    Is it possible to appeal a non-modifiable spousal support judgment due to life events? I am now disabled and unable to pay the agreed upon $300 per week amount I agreed to when I was divorced.
    Do I have any options?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Non-Modifiable Spousal Support

    Quote Quoting jrainey4110
    View Post
    My question involves divorce in the State of: AZ.
    Is it possible to appeal a non-modifiable spousal support judgment due to life events? I am now disabled and unable to pay the agreed upon $300 per week amount I agreed to when I was divorced.
    Do I have any options?
    You should get a consult with a local attorney to see what your options are.

    Hopefully it can be modified.

  3. #3
    Join Date
    Dec 2008
    Posts
    1

    Default Re: Non-Modifiable Spousal Support

    Quote Quoting jrainey4110
    View Post
    My question involves divorce in the State of: AZ.
    Is it possible to appeal a non-modifiable spousal support judgment due to life events? I am now disabled and unable to pay the agreed upon $300 per week amount I agreed to when I was divorced.
    Do I have any options?
    When you talk to a lawyer, bring up Borchard v. Borchard. It's an old appeals case that my ex-wife's lawyer claims "shuts the door" on modifying non-modifiable alimony. I too am trying to modify (stop) my $500/month non-modifiable alimony. I am in Chapter 7 bankruptcy, can't afford to rent or buy a house when mine is sold under foreclosure, and the lawyer is threatening to Motion for Sanctions against me for fees if I don't withdraw my claim for stopping alimony. Interestingly, Borchard v. Borchard (google it and get a copy) states that it is already established that the guy can pay and the ex-wife needs the money. To me, that means if you can prove you can't pay, and/or your ex doesn't need the money, it's preposterous that you couldn't stop paying alimony just because of the magic word, "non-modifiable". Borchard v. Borchard also says, at the very end, that the legislature should consider eliminating this form of alimony if it is abused. I believe there is a LONG list of people who are being taken advantage of. I looked up a cool word the other day - EXTORTION. Some day Florida will figure this out and quit tricking guys like you and me into paying this ridiculous form of alimony... Good luck!

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Non-Modifiable Spousal Support

    I thought the whole point of non-modifiable spousal support was so the recipient would agree to a much earlier end date than they may be entitled... so they are promised a fixed amount per month to make up for not having the support for as long as they could.

    Please keep us updated on what you find out in both AZ and FLA.

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