Ask A Divorce Lawyer: Due to my disability, can I not pay the maintenance?

Question: 

My only income is disability for my Parkinson’s. Nearly all of that is going to my ex-wife for maintenance, so I’m unable to pay rent and buy food in addition to paying all my other bills. If I never return to the state, can I get away with not paying her the maintenance?

I just don’t know how I’ll survive if I pay her what’s required, and if I pay less they’ll know where to find me.

I feel like I’m being pushed into crime. What can I do?

 

 

 

Answer:

Before I answer your questions, I must state that I am not licensed in Arizona and the answer to many questions, especially child support and maintenance can vary from state to state. For more specific answers to your question, please consult with an attorney in Arizona.

Most states will allow a party to modify an award of maintenance if they can show that there has been a substantial and continuing change in circumstances that would warrant such a change. If the award of maintenance was not based upon your disability income, and you are not voluntarily on disability, then a Court may modify your maintenance award based upon your needs listed above.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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