Involuntary job loss can be devastating. If you are responsible for spousal support in New York, it can quickly turn into a crisis. It is a common, yet erroneous, belief that one can unilaterally suspend payments until new employment is secured. However, maintenance payments are not directly contingent upon current income; rather, they are governed by binding court orders and formal written agreements. Please continue reading as we outline the necessary proactive measures to undertake when unemployment renders compliance with existing payment obligations financially impossible, and how an experienced Suffolk County Alimony Attorney can assist you. 

Can You Pause Spousal Support If You Lose Your Job in NY?

Losing your job in New York does not automatically end or suspend your spousal support obligation. Court orders for maintenance remain in effect until a judge formally modifies them. Stopping payments without a court order will lead to various consequences, such as accumulating arrears, wage garnishment, and potentially contempt of court.

New York courts allow for maintenance orders to be modified if certain legal standards are met. These typically include:

  • A substantial change in circumstances.
  • A 15% change in income.
  • The passage of three years since the last order was issued.

In most cases, a genuine, good-faith job loss can often satisfy one or more of these conditions. Nevertheless, you must petition the court for relief. It is important to note that the court will scrutinize the manner and cause of your job loss. Layoffs due to economic downturn, corporate downsizing, or department closure are much more favorable than a voluntary resignation or termination for misconduct.

How Do I Request a Modification?

If you have lost your job and need to modify your New York spousal support, you should review your existing support order with a qualified family law attorney. They will help you determine whether you qualify for a modification and advise on whether to seek temporary or long-term adjustment.

From here, you should collect a comprehensive paper trail. You should gather old and new pay stubs, W-2s, tax returns, bank/retirement statements, unemployment records, and severance agreements. If your income is irregular, show profits and losses over time. Also, document your active job search, such as applications and recruiter emails. Strong documentation is essential.

An attorney at the Law Offices of Susan A. Kassel, P.C., can help you file a petition or motion for modification in the appropriate court. This filing will need to explain the legal basis for your request, detail your new financial situation, and ask for specific relief.

For guidance and skilled representation, please don’t hesitate to schedule a consultation with our legal team.