Losing your job has many repercussions and you may have to implement lifestyle changes to reflect your new financial situation. An issue some individuals have after they lose their job is that they cannot stop paying alimony to their former spouse. Alimony can be a big expense but it is legally required. If you wish to request a modification of your spousal support payments, work with an experienced Union County alimony attorney for representation and legal advice.
Can I Stop Paying Alimony if I Lose My Job?
No, you cannot simply stop paying alimony for any reason, even if you lose your job. Living without a steady income can be scary and it likely has implications for various aspects of your life. However, your obligation to pay alimony is legally enforceable so you cannot decide on your own to forgo paying. You can only stop paying or pay a lesser amount with permission from the court in the form of a modification.
What Happens if I Stop Paying Alimony?
If you stop making alimony payments without permission you can face a variety of consequences. The alimony order is a legal contract so if you cease paying on your own, the court will take one or more of the following steps.
- Required payback of overdue payments with interest
- Garnishing wages
- Placing liens on property and bank accounts
- Writs of execution where the bank will withdraw overdue payments from the account
- Contempt of court including fines and possible jail time
The penalties and repercussions for stopping alimony payments can be severe. It is always best to request a modification if you can no longer afford to pay.
Will a Court Approve a Modification if I Lose My Job?
While alimony orders are legally binding, a court has the power to grant a modification where the terms of the agreement are adjusted to suit new life circumstances. The payments could be increased, decreased, or terminated and the frequency of payments can be changed.
To petition for a modification you should reach out to your attorney to discuss the situation. With their help, you can gather the necessary information including evidence of your job loss, that you have attempted to find a new job, that you have been unsuccessful in landing a new job, and financial statements that prove that the alimony payments are putting an undue and detrimental strain on your finances.
After reviewing the information and evidence presented, the court will consider the following before making a decision.
- Why did you lose your job?
- Have you made a consistent and active effort to obtain employment since then?
- How long has it been since you lost your job?
- Are you healthy enough to obtain stable employment?
- Have your ex’s financial circumstances changed significantly?
To increase your chances of being granted a modification, speak with your attorney to learn more about your rights and responsibilities.
