If you have lost your job, you may be struggling to make alimony payments. Read on to learn more about your options.
Do I have to continue making alimony payments if I lost my job?
It is important to know that alimony payments should continue, even if you have lost your job. Payments should not stop unless there is a formal order or agreement from the court. That being said, modifications can be made in order to adjust the amount or frequency of payments. There are a number 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.
What calls for a modification?
Alimony can be modified in the event of a loss of employment. But, you must be able to prove that there was a substantial and unexpected change. When making a decision about modifications, the court will examine the following factors:
- Has the individual been out of work for at least 90 days prior to seeking the alimony modification?
- What was the reason for the loss of employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
- Is the individual able to physically and mentally obtain and retain employment?
- Did the individual receive and severance payment from their previous employer?
It is very important to note that there are some cases in which you have lost a job and you cannot modify your alimony payments. For example, if you quit your job, or you are fired due to gross negligence or criminal wrongdoing, you will likely not be able to modify your arrangements.
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 alimoyn payments in the following ways:
- Taking money directly from your wages
- 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
If you need to modify your alimony payments, it is important to work with an experienced divorce attorney. Our firm is here to help. Reach out today to discuss your case.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.