Job loss is a problem for the entire family. When wage-earners lose their job, they cannot pay bills and expenses. However, when that person pays alimony to an ex-spouse, the ex-spouse also suffers a loss in income.
Alimony is spousal support ordered by the court. In 2014, New Jersey made significant changes to its alimony laws. The Alimony Bill made several changes to New Jersey alimony laws, including when and how you can modify alimony if you experience a reduction in income or job loss.
Does Alimony End if I Lose My Job in Monmouth County, NJ?
Many people assume they do not have to pay alimony payments if they lose their job after a divorce. However, that assumption can result in contempt of court. If you stop paying alimony payments, you could face severe penalties. Instead, you must continue making your alimony payments until the court issues an order to cease or modify alimony payments.
How Do I Modify Alimony Payments in New Jersey if I Lose My Job?
The court can modify alimony payments for a substantial change in circumstances. Losing or taking a job earning much less could qualify as a substantial change in circumstances.
However, because of the change in alimony laws, you must wait at least 90 days after losing your job or experiencing a significant reduction in pay to petition the court for a modification of alimony payments. During the 90-day period, you must continue making regular alimony payments to your ex-spouse. Therefore, use this time to meet with a Monmouth County alimony lawyer to discuss filing a petition to modify alimony as soon as possible.
Factors Judges Consider When Hearing a Motion to Modify Alimony Because of Job Loss
After 90 days, you can request the court reduce your alimony payments based on job loss or a reduction in income. However, you must prove that the reduction in income is a substantial change in circumstances. You must also prove that you have made a good-faith effort to obtain new employment.
Judges consider other factors when deciding whether to order a modification of alimony payments. Factors considered by the court include:
- Why did you lose your job or experience a reduction in income
- The health and working ability of you and your ex-spouse
- How long you have been out of work or had a reduction in income
- If you received severance pay or another award after you lost your job
- Whether a temporary reduction in alimony would be appropriate while you continue to look for a job
- How long it would take for your ex-spouse to become financially independent
- The professional and financial circumstances of your ex-spouse since the time of the current alimony order
Each case is unique. Judges consider all factors relevant to the case. Depending on the circumstances, the court could reduce, suspend, or terminate alimony payments. A judge may schedule a review of your case at a later time to determine if additional relief is warranted.
Can a Judge Deny a Modification of Alimony Payments if I Lose My Job?
There are situations where a judge may deny a request for modification of alimony. Not all job loss impacts alimony obligations. For example, if you intentionally quit your job, the job might deny your modification request. Likewise, if you were fired because of gross negligence or other wrongdoing, the court may not reduce or terminate your alimony payments.
Failing to make a good-faith effort to find employment is another reason a judge might not modify alimony after job loss. For example, you refuse to take a job because it pays less than your previous job.
What Should I Do if I Lose My Job and Owe Alimony in New Jersey?
Try not to panic. Determine how much you may receive for severance and unemployment benefits. Also, review your resources to determine how long you will be able to pay your living expenses, including alimony payments. Decide how much you will need to earn to pay all obligations so you know what salary range you need.
Do not wait to seek legal counsel if you lose your job. A Monmouth County divorce lawyer can review your case and advise you about your legal options. Contact The Law Office of Jennifer J. McCaskill, LLC, to discuss whether your situation might qualify for a modification of alimony payments.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
