Legal Question in Family Law in Utah

Modification of Support Payments

I was laid off from my job in January. Since that time, I have emailed out 35,000 resumes, applied to 150 specific openings and had 7 interviews - but no job, yet.

I filed to modify the support I owe in January and the matter will go to trial soon enough.

My ex-wife's attorney believes they will undoubtedy be awarded support based on an amount that they believe I could be earning. (I don't know what this may be, since I have been applying for every job in my field for which I could remotely be qualified)

My attorney states that since I am INVOLUNTARILY unemployed, and can absolutely demonstrate that I am diligently seeking employment, that this will not be the case.

I want to have the matter mediated and my ex-wife flat-out refuses.

Which opinion could I best be able to count on, based on law and precedent? Or is the truth somewhere in between?


Asked on 7/27/03, 3:19 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Modification of Support Payments

There is no way to anticipate the outcome based on the facts - the complete story will be needed for a judge to make a decision. Generally, alimony is based on the earnable income, and some sort of evidence will be needed to show that a person in your circumstances has low expectation to maintain your former income.

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Answered on 7/27/03, 11:59 pm


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