Going through a divorce is a challenging time. Not only can it be emotionally overwhelming, but you may find that it can cause financial strain. Unfortunately, this can be made worse when you are ordered to pay spousal support. In some instances, you may find that you can’t afford to make alimony payments. Understanding what will happen during these times is critical. The following blog explores how a Somerset County alimony attorney can help you navigate these complex matters and what you should know about these circumstances.
How Is Alimony Determined?
It’s important to understand that, in New Jersey, alimony is not automatically awarded. It’s a common misconception by many that the lower-earning spouse is automatically entitled to spousal support payments, which is far from the truth.
Instead, alimony is determined by the courts after the spouse requests the payments. However, the courts will consider the following factors:
- How long the couple was married
- The income of each party
- The earning capacity of each party
- The physical health of the parties
- How marital property was divided during the divorce
What Happens if I Can’t Afford My Alimony Payments?
It’s essential to understand what happens if you are unable to afford your alimony payments. If your circumstances change, such as losing your job, for example, you may be able to petition the court to reduce your payments.
However, even if you lose your job, you must continue to make alimony payments until the court has granted the modification. If you are over a month late, you’ll likely be summoned to court to explain why you have failed to make payments. Additionally, you’ll find that continual failure to make payments will result in wage garnishment, losing your driver’s license, and paying back all the missed funds.
Why Do I Need to Connect With an Attorney?
As you can see, if you cannot afford your alimony payments, you can experience several consequences. That’s why it’s imperative to connect with an experienced attorney as soon as possible to discuss your legal options. Your attorney can help you navigate these processes to ensure you have representation. They can help you file the motion to show your circumstances have changed and that you cannot pay alimony.
However, it is necessary to understand that if you lose your job, your alimony will not be altered if you have not made a reasonable effort to search for new employment or if your job loss was your fault.
At the Siragusa Law Firm, we understand how complex these matters can be. Our dedicated legal team will do everything possible to help you navigate these matters. Connect with us today to learn how we can fight for you during these times to help protect your best interests.
