When someone responsible for paying alimony loses their job, it directly impacts their ability to meet the financial obligations they were court-ordered to pay. Understanding how job loss affects alimony payments is as essential for the payer as it is for the recipient.
Alimony is meant to support the dependent spouse’s lifestyle after a divorce. However, significant changes in circumstances, such as job loss, may force people to reevaluate their alimony terms.
When Alimony Adjustments Are Warranted
Job loss is a valid reason to modify alimony payments in South Carolina. Alimony modification is based on a change in circumstances or the financial ability of the paying spouse after the court’s most recent alimony order. This is stated under S.C. Code § 20-3-170, which allows either party to petition the court for a change. Courts examine whether the job loss was involuntary and if the payer actively seeks new employment. In other words, the payer cannot choose to leave their job and expect their payments to be lowered.
The court wants to see that the job loss was not anticipated when the original alimony order was made. For example, if the payer was terminated for reasons beyond their control, this could be grounds for modification. The payer must provide thorough documentation, such as termination notices and records of job applications, to support their case.
The payer must also demonstrate good faith in seeking new employment. The court will also examine whether the payer’s income loss is temporary or likely long-term, which could influence the modification decision. If the payer’s job loss is expected to be permanent, the court might consider a more significant reduction in alimony.
The Process For Getting Your Alimony Reduced
To file for alimony modification, the payer must petition the court. This process involves preparing a court motion, serving the other party, and attending a hearing. During the hearing, both parties present their evidence and arguments. The court then decides if the alimony should be adjusted to reflect the payer’s current financial circumstances. The court will also consider the payer’s health status and ability to work. Other factors include any changes in the recipient’s financial position.
For instance, if the recipient’s financial needs have decreased, this could influence the court’s decision. Regardless of what happened, please note that it is essential that you continue to make alimony payments until the court issues a new order. After you lose a job, get in touch with an attorney so you can work toward a modification. You want to avoid falling behind on your payments.
The court also evaluates whether the change in circumstances was foreseen at the time of the original alimony order, as unanticipated changes are more likely to warrant modification. The court may also consider any significant changes in the recipient’s income, such as receiving an inheritance or a substantial salary increase.
Get Compassionate Legal Guidance
If you have experienced a job loss and need to modify your alimony payments, don’t put off contacting a family law attorney. Modifying alimony requires a well-prepared case and clear evidence of changed circumstances. Your attorney will tell you which documents you must have to support your case. Schedule a consultation so we can learn more about you and your legal issues.
Cate & Brough, P.A.
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