Laid off :-(

[Silverado333]

Hello!

I was recently laid off from my job, actually, April 8th is my last day. Do I have to pay my ex alimony, if I'm no longer employed? Is she entitled to my severance? What are my options if any, until I'm re-employed.

We were married, 32 years. I pay $1,000.00/mo. in alimony. No longer pay child support as my youngest is now 20.

Thanks!
Silverado

[Attorney Howard Iken]

Until there is a court order otherwise - you must continue to follow the last order that was entered. There is no automatic alimony termination.

It sounds like you have grounds for a modification case. Any modification is effective back to the date you filed for modification. So it is important you do that quickly.

Attorney Howard Iken

[yourneighbor]

Any modification is effective back to the date you filed for modification.
Attorney Howard Iken

Is that set in stone ? I have been fighting for alimony Termination/Modification for 2+ years. Is there any way (the eX) can weasel out of paying me back - providing my petition is granted ?

[Attorney Howard Iken]

There is always some wiggle room because that is an inherent part of family law in Florida.

But the vast majority of the cases, the modification is effective as of the date the Supplemental Petition was filed.

[Silverado333]

Please explain - If I submit a modification on April 1st, then the judge decides on Oct. 1st, that the alimony is reduced to $200.00/mo. until I am re-employed. At which time, depending on my new salary, the new alimony amount will be re-negotiated.

Does my ex have to re-imburse me any funds back to the date I filed the Modification (in the scenario above, April 1st)? How does this work?

Finally, because I'm 55 yrs. old it is my intent to continue working. It is my hope that the period of time that I'm unemployed will be minimal, but who really knows?


Our divorce settlement states "The wife hereby forever waives the right to the husbands retirement and /or VA Disability income (I was at 20% disability at the time of our divorce. I am now at 60%).

What if I just say on April 8th, that I'm retired - and live off my savings and disability? Could I then stop paying alimony (by going through the Modification process? Of course this is just hypothetical, as I'd prefer to work longer to obtain a more comfortable retirement, when that time does come - But I would appreciate an answer to this question.

Thanks!
Silverado

[Attorney Howard Iken]

Yes, alimony would be modified back to April 1st.

You probably would end up with a paid-ahead credit, and can stop paying for a while till the credit is used up.

There will still be an argument whether your unemployment is voluntary or involuntary.

[Silverado333]

I'm a little confused about your voluntary / involuntary comment. I am able to prove the lay-off was involuntary. We did have an option to volunteer for lay-off but it had to be approved by management. I did not go this route and my lay-off notice explicitly states that this was an involuntary lay-off.

However, if you were referring to my hypothetical retirement - then yes, because I was laid off, and if I could afford it, I would retire - and that of course would be my option. Sadly, I'm just not in a position, at 55 to retire.

Thanks!
Silverado

[Attorney Howard Iken]

I was hinting at the 55 figure for retirement. That would be an early retirement and most likely would be ruled to be voluntary. Any voluntary reduction of income is not an adequate reason for modification.

[Silverado333]

Thanks Mr. Iken, for your time in answering these questions.

Please allow me a couple more. When do I submit the modification of alimony documents? Do I do it now, while I'm still employed and making a income, or do I wait till after I'm actually laid off (April 8th)?

Or, can I submit only some of the documents, then provide the actual financial affidavit after I'm actually laid off, when my income is drastically reduced? If this is the case, which forms are needed to get the ball rolling, so to speak and which can follow at a later time (and how much later till theses documents are due)?

Thanks!
Silverado

[Attorney Howard Iken]

Technically your Supplemental Petition would not be valid until you become unemployed. So the safe answer is to wait.

Any other strategy is risky.