How Does Job Loss Affect Alimony Payments in Florida?
Alimony is one of the most contentious terms of divorce. Alimony payments are very helpful and can help you cover your rent, mortgage, groceries, and other expenses after divorcing your spouse. However, if your former spouse loses their job, this can leave you uncertain about what will happen to your support payments.
Employment changes can create added financial pressure for payers and recipients of alimony. Still, after a judge has ordered alimony payments, they must be paid. Our Tampa modification attorney explains how the courts handle this challenging situation and how to protect your rights and financial security below.
How Job Loss Impacts Support Payments
Alimony is addressed in the Florida Statutes Section 61.08. If one spouse earns a substantially lower income or sacrificed their own career in order to raise the children and maintain the home, the court may award them alimony. While these payments are meant to provide a lower-earning spouse with financial security, serious problems can quickly arise when payers lose their job. In these cases, people who pay alimony can petition the court to modify or terminate the alimony order.
Still, not all job losses make people eligible for a modification of an alimony order. The court will consider many factors, including:
- The cause of the job loss: The court will consider whether the loss of a job was due to an economic downturn, illness, or layoff. If the job loss was voluntary, the court is less likely to award an alimony modification.
- Attempts to find a new job: The court will expect payers to provide proof that the person is trying to find new employment.
- Duration: If the job loss is temporary, such as if the payer performed seasonal work, the courts are less likely to award an alimony modification.
- Other financial resources: New income sources and savings are also considered by the court to determine if alimony can be paid.
Steps to Take if Your Former Spouse Stops Alimony Payments
If your former spouse has stopped making court-ordered alimony payments, there are steps you can take to preserve your rights. These include:
- Keep detailed notes of missed payments, the amounts, and the dates. Also note any attempts you have made to ask your former spouse for payment.
- Petition the court to enforce the order. The judge will review financial information and determine if a modification is appropriate.
- Do not try to reach an informal agreement with your former spouse, as you cannot legally enforce these if your spouse does not comply.
Our Alimony Modification Attorney in Tampa Can Help
If your former spouse has stopped making alimony payments, our Tampa alimony modification attorneys can help. At All Family Law Group, P.A., our experienced attorneys can guide you through the process, help you prove your case so you obtain the payments you need, and make it as easy as possible for you. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation with our knowledgeable attorney and to get the legal help you need. Se habla Espanol.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
