Legal Question in Family Law in Connecticut

My husband has been paying alimony to his ex-wife since July 2007. He has not missed a payment. He was forced to leave his employment as a truck driver 7 weeks ago due to his deteriorating health (he is 60 and has been a truck driver for 42 years). He has many, many health issues, some serious, too numerous to list here, but he has been advised by two medical specialists (cardiologist and rheumatologist) to apply for SSDI. He has now done so. He lives in Colorado and she lives in Connecticut. Their divorce was litigated in Connecticut. We are entirely without income. I am trying to find a job, but no luck yet. He will not be able to work again, and while we expect his SSDI claim to ultimately be successful (a lawyer is handing that) it may be 18 months or more before he will have any income. Can he be put in jail for nonpayment? Is he obliged to trash his 401K to pay her? (the 401K doesn't have much in it). What constitutes a "substantial change" in circumstances? (His income before taxes was estimated at $900/week at the time of the divorce - truckers get paid by the mile, and it varies. Once disability kicks in, he would get $2086/month. He could repay her what is owed out of the lump sum for back SSDI payments that he would get once successful, of course.) What rights does he have in this situation?


Asked on 9/15/10, 6:17 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

You didn't say whether the Connecticut divorce decrees states that the alimony is modifiable. If it is, then he needs to file a motion to modify the alimony immediately in the Connecticut divorce case. If his health has deteriorated and he can not work anymore, he is entitled to a modification. However, if he does nothing and just doesn't pay the alimony, he could be held in contempt.

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Answered on 9/22/10, 11:30 am


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