Alimony, also known as spousal support, is a financial obligation that one spouse may have to the other after a separation or divorce. Support is generally paid to prevent financial hardship for a spouse who may have a lower income or earning capacity. There are several types of spousal support, and the payment requirement can vary from temporary during the process of divorce to an indefinite monthly obligation. Paying spouses may wonder if they are allowed to stop paying alimony to their ex if a major life event happens, like a layoff or other form of sudden unemployment. Unfortunately, this is not likely. If you lose your job, you will be unable to cease payments without first receiving approval from the Suffolk County Court. For more information on spousal support and your legal rights and obligations, contact a Suffolk County alimony lawyer today.
Can I Stop Paying Alimony if I Lose My Job?
Many paying individuals wrongly assume that by losing their job, their alimony obligation will cease to exist. This could not be further from the truth. If you lose your job, you are still required to make spousal support payments on time and in full.
While life events can lead a court to consider altering or terminating alimony, losing your job is generally a temporary issue. If you genuinely cannot afford to pay alimony after being terminated from your position, you may be able to petition the court for a modification, but you cannot stop paying alimony of your own accord.
What Is a Modification of Alimony?
A modification in terms of alimony is a court-ordered adjustment to the current spousal maintenance order. When spousal support is established, the agreement generally outlines:
- The amount to be paid
- The frequency of payments
- The duration of support
This order is legally enforceable and must be strictly adhered to unless there is a formal court order changing the obligations. In general, the court may order a modification if the requesting party can prove that a significant change in circumstances has impacted either party. The substantial change in circumstances must be involuntary, ongoing, and material in order for relief to be granted.
What Must You Prove to Modify Alimony After Job Loss?
To successfully request a modification of your alimony order on the grounds of unemployment, you must be able to show that your new circumstances prevent you from fulfilling the financial obligation.
Factors Courts Consider in New York
- If you have been unemployed for a meaningful period (typically 90 days or more)
- The reason for your unemployment (layoff, downsizing, termination for misconduct)
- If you voluntarily resigned
- If you were terminated for gross negligence or criminal conduct
- Efforts made to secure employment following job loss
- Physical and mental ability to work
- Availability of alternative income or assets
In general, you must be able to show that your loss of income was involuntary and that you have made good faith, reasonable efforts to seek new employment. You may be required to show proof of your search, like confirmation that companies have received your resume or follow-up emails sent after interviews.
It’s necessary to note that temporary financial setbacks, short-term unemployment periods, and speculative income reductions are insufficient to prove a substantial change in circumstances under New York law.
How Are Alimony Payments Determined on Long Island?
When going through a divorce on Long Island, whether in Suffolk or Nassau Counties, the court will adhere to New York State law when calculating alimony payments. As such, under New York Domestic Relations Law § 236, the court must consider a number of factors when determining if spousal support is necessary, and if so, how much support should be.
Common Factors Considered by the Courts
- The income and earning capacity of each spouse
- The age and health of each spouse
- Child support obligations
- Property division in accordance with equitable distribution standards
- Child custody arrangements
- Tax consequences
- Required education or training to reenter the workforce
- Any history of domestic violence
How Is Alimony Enforced in Suffolk County?
In the event you fail to make alimony payments, regardless of what your employment status is, and you do not have a court order terminating or suspending payments, you can face serious issues.
Potential Enforcement Actions
- Wage garnishment
- Property liens
- Bank account levies
- Contempt of court charges
- Driver’s license suspension
- Potential imprisonment in severe cases
In Suffolk County, enforcement proceedings generally involve income execution orders issued through the court clerk’s office.
If you wish to seek a modification of your alimony payment, you can expect that your case will proceed through the Suffolk County Supreme Court, as this venue is typically where post-judgment modification proceedings are held. As such, you’ll generally need to file the modification in Central Islip, where the Supreme Court will process matrimonial judgments.
Contact an Experienced Suffolk County Alimony Attorney Today
You should always have professional legal counsel when dealing with divorce matters like alimony. However, the most important thing to keep in mind during these matters is that you should not stop paying spousal support on your own for any reason. Reach out to an experienced Suffolk County lawyer at Peter Mandi & Associates to explain your new financial situation and discuss the possibility of requesting a modification. They can evaluate your new circumstances and help guide you through the process of petitioning the court. Contact our dedicated legal team today to learn how we may be able to assist you.
