Alimony and bankruptcy

[jb1954]

My ex told me she had to file for bankruptcy. I am about to take early retirement. I pay her permenent periodic alimony,she works part time,she will receive 10 years of my retirement.She isn't a wasteful person,makes it on what she gets from me..Will they let me modify my alimony to her? I haven't paid my child support or alimony for a couple weeks now.I will be child support free in May 2011,will they see this as extra money that I have to my advantage,and I will have to not be able to modify.Will the judge look at her financial situation and not let me modify..I pastor a church also,will they consider what I could make as a pastor also to let her keep her alimony....Such a mess....

[Attorney Cheri Hobbs]

You have a lot of factors here that would be best to sit down with an attorney one-on-one to talk about.

When a party wants to modify alimony they need to show a substantial change in circumstance (reduction in debt, increase in salary, etc.). The court will consider whether a party is voluntarily unemployed or retires early and can deny a request based on that party's voluntary reduction in income.