Question: According to our divorce settlement, my former husband was required to pay $12,000 in credit card debt and the second mortgage of $22,500 in addition to child support, alimony, and attorney’s fees. Not two weeks after the judge signed the order, my former husband went to bankruptcy court and discharged his responsibility to pay the debts. My lawyer tells me there is nothing I can do to recoup what I have lost, but it doesn’t seem fair that my children and I should suffer the economic loss. I am 45 years of age and have not worked outside the home. I have had to borrow from my parents to keep afloat.

Answer: While a state divorce court can not circumvent the discharge of a martial property settlement by a federal bankruptcy court, your former spouse’s bankruptcy has caused you to lose your property settlement and increase your liability for debt while, reducing his debt, increasing his spendable income, and materially improving his ability to pay you and your children more support. It appears that these factors constitute a substantial change of circumstances which should support your application to increase your alimony and child support awards since you are not able to independently to meet your needs.

Question: A year after our divorce, my husband, an engineer, quit his job and took another that pays him quite a bit less. He says that he was burned out and needed a break. He is 42, I am 38, and we have three children whom I am raising. He wants me to agree to reduce my alimony and the children’s support. I need a break too, but I certainly can’t walk away from my responsibilities. What are my rights?

Answer: While the manner in which courts deal with individuals who become voluntarily underemployed varies from state to state based upon the facts of each situation, we believe the better rule is for the Court to set support based upon a determination of imputed income – that is, the amount the former spouse could be earning. Generally speaking, a former spouse is not voluntarily underemployed if the underemployment is either (1) temporary and will ultimately lead to an increase in income; or (2) represents a bona fide career change which might outweigh the adverse effects of diminished income on the dependent former spouse and children. Here, the court must weigh “employment burnout” against the needs of dependents, and since he voluntarily stopped working, we believe that his former income should be imputed to him. As an aside, we wonder what your ex would say if you had asked him to foot the bill for a caretaker to come in three times per week to be with your children so you could deal with “parenting burnout.”

Question: After 26 years of marriage, two children, and being a stay-at-home parent at his request, my husband left me. He does not want to pay me alimony even though I am 53 years of age, have had health problems, and have no employment skills. He says that I should live off the income that can be earned by the assets I will be receiving in a settlement. We have been to mediation, but not to lawyers. Should I hold out for alimony?

Answer: While your question is better answered by a lawyer in your state, generally speaking, permanent spousal maintenance is most appropriate for older, dependent spouses in lengthy, traditional marriages such as yours. In setting spousal support, courts consider a number of factors including the earnings from property acquired in your property settlement; however, we do not believe that you should place your reliance – and your economic future – on what you can earn from investments given the volatility of the stock market and other economic conditions. Unless there is a disqualifying factor, your case seems to be one that deserves an award of permanent support.