How Does a Job Loss Impact Alimony in Florida?
One of the most devastating things in life is losing a job. It can be even more devastating when you lose your job and have financial responsibilities, such as alimony payments. Losing a job can leave you feeling anxious and stressed about how you will meet your obligations during this difficult time. If you lost your job and are responsible for making alimony payments, some of the questions you may be asking yourself include how job loss affects alimony payments and whether you can stop making alimony payments now that you don’t have a job. This article discusses what happens if you cannot pay alimony due to a job loss.
What Happens if You Cannot Pay Alimony Due to a Job Loss in Florida?
If you cannot continue making alimony payments due to a job loss in Florida, you can file a petition with the court asking that alimony payments be modified. However, it is not guaranteed that your petition will be granted. You must provide evidence of a significant, long-term change in your financial situation. Florida courts only modify alimony payments when there is a substantial change in circumstances.
After you file your claim, the court will consider several factors before deciding whether to modify alimony payments. The following are some of the factors judges consider when deciding whether to modify alimony payments;
- Why did you lose your job? Was it voluntary or involuntary?
- How long you had been employed.
- The efforts you have made to find a new job.
- Whether you are healthy and able to find a stable job.
- How your ex-spouse’s financial situation has changed since the initial alimony order.
- How long it will take for your ex-spouse to improve their earning capacity (if they can improve it).
If, for example, you file a request for modification immediately after losing your job, the judge may find that you have not made any effort to look for a job. They may find that your situation could be temporary. If you are financially able to do so, it is advisable that you wait one or two months before requesting a modification. However, if you don’t have sufficient assets to continue making alimony payments, it is crucial that you file your petition as soon as possible before you miss a payment. If you miss a payment, you could be in legal trouble. For example, you may be considered in contempt of court, which can result in fines or jail time.
Can Unemployment Benefits Impact Alimony Obligations?
Yes, unemployment benefits can impact alimony obligations. However, the impact may depend on several factors, including how much you are receiving as unemployment benefits and your ex-spouse’s current income. For example, if you receive an amount equal to what you were receiving while employed, you may be required to continue paying the same amount of alimony. On the other hand, if your benefits are less than what you were receiving while employed and you can’t find a new job, you can request the court to modify alimony payments. For your petition to be granted, you will need to demonstrate that you have been actively searching for a job but haven’t been successful.
Contact an Orlando Alimony Lawyer
Contact our qualified and dedicated Orlando alimony lawyers at the Arwani Law Firm for legal help. Contact our office by calling 407-254-0060 or filling out our online contact form.
Source:
usa.gov/unemployment-benefits
