If you are facing a job loss or a reduction in income, it may be possible to reduce your alimony payments. Alimony, also known as spousal support or maintenance, is typically categorized as either modifiable or non-modifiable. If your alimony is non-modifiable, it is unlikely that a court will change the amount you are required to pay. Modifiable alimony, on the other hand, can be changed by the court if there is a material change in circumstances. A job loss or reduction in income may qualify as a material change that allows for a reduction in alimony payments.
Most courts do not have a specific number or percentage of income loss that is required to reduce alimony payments. Instead, the court will typically examine the parties’ budgets to determine if an alimony reduction is appropriate. It is important to carefully consider the impact on your budget and your ex’s post-divorce budget before seeking a reduction in alimony.
The coronavirus pandemic has caused many courts to postpone hearings into the indefinite future. If you are seeking a reduction in alimony payments, it is important to file a motion to modify as soon as possible. The relief you seek with this motion will be retroactive to the date the motion was filed, so it is crucial to file the motion as soon as you experience a job loss or reduction in income.
If you are facing a job loss or reduction in income and are concerned about your ability to pay alimony, it is important to seek legal advice. The team at Justice Legal Group is here to help. We understand the challenges you are facing and can guide you through the process of seeking a reduction in alimony payments. Contact us for more information by calling us at 505-880-8737.