If you went through a separation or divorce you may pay court-ordered alimony to your ex-spouse. While alimony is supposed to be fair and equitable, sometimes situations change. If you find yourself unable to afford alimony payments, there are some ways you can have them adjusted to accommodate your new financial situation. Speak with a Union County alimony attorney who is well-versed in your rights and the laws surrounding divorce agreements.
What is Alimony?
Alimony, a term used interchangeably with spousal support, is a payment arrangement determined during divorce proceedings. A higher-earning spouse may be required to pay alimony to their ex after a separation or divorce. The alimony might last the length of the separation, until the lower-earning spouse can support themselves, or indefinitely. The purpose of spousal support is to make up for the lower-earning spouse’s earning capacity and ensure that the divorce does not have a significant detrimental impact on their standard of living.
Alimony is calculated by compiling data from each spouse to determine a fair percentage of the higher-earning spouse’s income that can be subject to alimony. Some of the considerations a court will look at include the following.
- The income and earning capacity of both spouses
- The age of both spouses
- If they have children and how old they are
- The length of time the marriage lasted
- The division of property and assets
If I Can’t Afford Alimony What Should I Do?
If you can no longer afford to maintain your alimony payments, you have options. While the original calculation should have been within your means, sometimes circumstances change. You may be able to request a modification if you lost your job, took a pay cut for any reason, or have new financial responsibilities that result in your inability to keep up with your alimony payments.
If you can’t afford alimony anymore, gather updated and relevant information such as pay stubs, bills, medical documents, etc. that prove your new financial situation. You can petition a court and ask that your spousal support be recalculated. Depending on your new abilities and your ex’s updated record a court may decide to decrease the amount or frequency of your payments. It is important to keep your ex and the court apprised of your situation.
What Are the Consequences of Neglecting to Pay?
If you cannot afford alimony payments, never just stop paying them. Neglecting to pay court-ordered spousal support is a crime that can result in severe punishments. If you do not pay the full amount of your alimony within 30 days of the due date, your ex may contact an attorney and have you appear before a judge. You may begin accumulating fines for every day you are late in your payments.
If you continue to neglect your spousal support responsibilities it could lead to you having your wages garnished, losing your driver’s license, property loss, and even having to serve jail time. If you find yourself unable to pay, notify your ex-spouse, your lawyer, and the court to request a modification and avoid the slew of penalties that you may face if you refuse to pay.
