Can I Stop Paying Alimony if I Lose My Job in New Jersey?
Losing your job can be stressful, especially if you have various obligations like bills, child support, or spousal support. Many people wonder what their options are regarding pausing or modifying financial obligations when they are out of work. If you lose your job, you may be able to temporarily stop paying alimony, but it is imperative that you understand New Jersey’s laws to ensure you are in compliance with your court order. For more information, continue reading and consult with a knowledgeable Morristown, NJ family agreement attorney today.
What is Alimony?
Alimony, also known as spousal support, is a court-ordered payment from one spouse to the other after a divorce or separation. It provides financial assistance to the lower-earning spouse to help maintain a standard of living similar to that enjoyed during the marriage.
There are several different types of alimony that can be awarded to support a spouse indefinitely, support them while they seek education or training to become self-sufficient, reimburse them for contributions made during the marriage, etc.
Can I Stop Paying Alimony if I Lose My Job in NJ?
Generally, you cannot simply stop paying alimony when you lose your job. Your spousal support obligation is a court order, and failing to comply can lead to serious legal consequences, including being held in contempt of court, wage garnishment, or having liens placed on your property.
However, under certain circumstances, losing your job can be considered a substantial change in circumstances that may warrant a modification or temporary suspension of your alimony payments. New Jersey courts understand that a significant and involuntary change in income can make abiding by the order unreasonable or impossible. Therefore, you may be able to pause or reduce payments until you can get back on your feet.
How Can I Pause Payments?
If you want to pause alimony payments, you have to submit a formal request to the court. File a motion with the New Jersey Superior Court to modify or suspend your alimony order and reference your job loss as the reason. The motion should explain your involuntary job loss, demonstrate your efforts to find new employment, and showcase the impact it has had on your finances.
A judge will review your situation to determine whether your circumstances warrant a modification. They may consider factors such as:
- The reason you lost your job
- Your efforts to find new work
- Your financial resources, like savings, a severance package, or unemployment benefits
- Your former spouse’s current financial needs
It’s important to note that courts typically require a sustained period of unemployment before considering a modification. Being out of a job for a few weeks will likely not qualify.
The court may grant a temporary reduction or suspension of payments while you look for a new job, or it may permanently adjust the amount if your earning potential has permanently changed. It is essential to continue paying as much as you can until the judge issues a new order, as ceasing payments on your own can result in legal consequences.
Reach out to a skilled lawyer for more information and legal advice today.
