lFor many spouses, one of the most important considerations made during the divorce process is alimony. Many spouses disagree on the payment amount, as the recipient spouse may believe they are not receiving enough, while the paying spouse may feel as though the payment amount is too much. However, these matters may be even more complex for the paying spouse in the event they are terminated or laid off from their job. As such, if you have lost your job, you may be struggling to make alimony payments. The following blog explores what you should know about your legal options and the importance of working with an experienced Suffolk County alimony attorney to help you during these matters.

Do I Have To Continue Making Alimony Payments If I Lost My Job?

If you are making alimony payments to your spouse in Suffolk County and you lose your job, you may assume that you can cease payments. However, unless you have a court order, you should not stop making payments. Failure to pay, even when enduring financial hardship, can result in enforcement actions.

As such, if you have lost your job and you are unable to meet your domestic obligations, you may wonder if there are any options. Luckily, modifications can be made in order to adjust the amount or frequency of payments. There are a number of factors that determine the amount of alimony you will pay, one of which is is income. As a result, if your income decreases drastically, you may need to request a modification.

When Can Alimony Be Modified After Job Loss in New York?

It’s important to understand that, in order for alimony to be modified following the loss of employment, you must have evidence to back up your claims. Unfortunately, without the evidentiary requirement to prove hardship, anyone making alimony payments could claim unemployment in order to have their obligation terminated. Instead, you must show that a significant change in circumstances has occurred.

You Must Prove  “Substantial Change in Circumstances”

As mentioned, in order for the New York courts to change a divorce decree or alimony order, you must prove that you have undergone a substantial change in circumstances. However, losing your job is not proof enough. The court will require evidence, including:

  • The job loss was unplanned and involuntary
  • The reduction in your income was significant and ongoing
  • You made good-faith efforts to find new employment
  • Your inability to pay is not temporary

Factors New York Courts Commonly Review

  • Why your employment was lost
  • Whether you have made a consistent effort to find employment
  • Your physical and mental ability to obtain and maintain employment
  • Whether you have any other form of income, like disability insurance or a severance package
  • Whether either spouse’s finances have changed since the original divorce decree was ordered
  • How long you have been unemployed and the financial impact it has had

Additionally, the courts will examine whether or not the unemployment was voluntary or intentional. You’ll also find that the courts will often try to reduce the alimony payment rather than terminate it unless the hardship you face is extreme.

Situations Where Alimony Will Not Be Modified

It’s important to understand that, in any instance where unemployment is intentional or avoidable, the courts will likely deny your modification request. This includes:

  • Job loss due to misconduct, negligence, or criminal activity
  • You voluntarily quit your employment
  • The reduction in income was made in bad faith
  • You have not made an effort to obtain new employment

What if I don’t pay court-ordered alimony?

If you stop paying alimony without an agreement from the court, you can face serious legal trouble. New York courts enforce alimony payments in the following ways:

  • Wage garnishment
  • Redirecting a tax refund
  • Credit reporting
  • Seizing property
  • Suspending your driver’s license
  • Denying  a passport
  • Taking money from a civil award, settlement, or lottery winnings

How to Request an Alimony Modification in New York

In the event you are laid off or your position is terminated, understanding the process of having an alimony order modified is critical.

Steps to Strengthen a Modification Request

  • File a formal petition with the court to modify your alimony order
  • Gather evidence of job loss and reduced income
  • Document your job search history (applications, interviews, rejections)
  • Submit proof of tax returns and pay stubs
  • Submit documentation of current living expenses

When Courts Are More Likely to Grant Relief

  • You have been unemployed for more than 90 days
  • Your loss of income is considered substantial and involuntary
  • You have made an active effort to seek new employment
  • The current alimony order places you in undue financial hardship

Contact Our Suffolk County Divorce Law Firm

Being laid off can be an incredibly overwhelming and stressful experience. However, when you are responsible for making alimony payments, making ends meet can become even more overwhelming. As such, it’s critical to connect with an experienced attorney with the Law Offices of Susan A. Kassel, P.C. Our firm understands how difficult these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you.