Actress Anne Heche claims in court documents that she cannot afford to pay the nearly $15,000-a-month in child support and spousal support she is currently obligated to pay to ex-husband Coleman Laffoon because she is now unemployed. Heche most recently starred in the television series Men In Trees, which was cancelled. Heche has asked the court for a modification of her support obligations going forward.

A Los Angeles County Superior Court judge suspended Heche’s $14,798 per month support obligation for the month of July, pending a hearing on the matter. The judge also ordered Heche to file updated income and expense disclosures with the court before the next hearing.

Heche claims that she is seeking new work but has no offers and is fearful that the looming Screen Actors Guild strike will put her at a further financial disadvantage.

In a court declaration in support of the requested modification, Heche claimed that she has less than $35,000 in assets and can no longer afford to pay the monthly support, along with private school tuition for their 6-year-old son Homer, the mortgage on her house in Canada where Men In Trees filmed, rent on her Los Angeles home and car and personal expenses. She also noted that she has approximately $364,000 in outstanding debt, resulting largely from the bitter divorce and custody battle with Laffoon.

Child support is almost always modifiable if the parent seeking the modification can prove a substantial change in circumstances which would make the original support amount unreasonable. Certainly, the loss of a job could meet the criteria of a substantial change in circumstances. The court, however, is unlikely to reduce Heche’s support obligation to zero due to her current unemployment. She has a history of regular acting work – including very recent, regular work – therefore, the court will likely impute or assign an income level which would be equal to some historical average of Heche’s wages. The imputed income level would then be used to calculate a reasonable amount of child support. Courts use this imputation method as a dis-incentive for parents to quit their jobs as a means to avoid paying child support.

Heche and Laffoon were married in 2001, shortly after Heche split from her long-term girlfriend, comedienne Ellen DeGeneres. The divorcing couple has only one child, Homer. They split in early 2007 amidst reports that Heche was having an affair with her Men in Trees co-star James Tupper.

The divorce has been pending now for over a year without final resolution. As we noted in a November 2007 post about this case, the couple has battled viciously and publicly over both custody and property. Interestingly, the judge in Heche and Laffoon’s case appointed the same custody evaluator as in the Britney Spears–Kevin Federline custody battle. Heche is represented by the Jaffe & Clemens law firm. Laffoon is represented by Freid & Goldsman.