Getting laid off or fired can be a stressful experience. You will likely start to mentally cycle through the expenses you need to cover and stress about how you can afford them now that you have lost your income. You may be concerned about rent, utilities, groceries, gas, car payments, and more. Individuals who lose their job may wonder if their newfound financial situation will allow them to stop alimony payments to their former spouse. Discuss your rights and obligations with a skillful Sparta, Sussex County NJ spousal support attorney.
Can I Stop Alimony Payments if I Lose My Job?
It is important for spouses paying alimony to understand that they are never permitted to cease payments on their own without explicit permission from the court. This goes for any reason including losing their job.
If you lose your job you will probably not be allowed to stop paying alimony to your former spouse. However, you could petition the court for a modification where they reduce your obligation to reflect your new financial situation.
Will a Court Modify the Alimony Order After Job Loss?
Whether or not a court is willing to alter the alimony agreement depends on the specific circumstances of each party’s situation. When a court decides whether or not to grant a modification after the paying party loses their job they must consider a variety of factors including the following.
- Why and how the paying spouse lost their job
- The efforts that have been made to find new employment
- Whether or not the paying spouse is physically and mentally capable of finding a new job
- If the receiving spouse’s financial situation changed drastically since the alimony order was created
If you purposefully lost your job in an attempt to get out of paying alimony, the court will not grant a modification. However, if you can prove that you lost your job against your will and have made an active effort to seek new employment, the court may reduce your alimony obligation temporarily or permanently.
What Are the Consequences of Not Paying Alimony in New Jersey?
Because your alimony agreement is a court order it is legally enforceable. Neglecting your obligation will result in various legal consequences and penalties. One of the first steps a court may take when you fail to pay alimony is garnishing your wages for the missing funds, suspending your driver’s license, or placing a lien on your bank accounts or other property.
You can also be held in contempt of court for violating the agreement. This can result in fines, delinquent alimony, and even jail time.
The potential consequences are not worth the money you may temporarily save by neglecting to pay alimony. If you can no longer afford to keep up with the spousal support payments, never stop paying on your own. Instead, reach out to your attorney for help petitioning the court for a modification. They will help you gather evidence to prove how your new circumstances prevent you from affording the payments. Contact a trusted lawyer today for legal advice and representation.
