Getting laid off can be stressful, especially when you have various expenses and financial obligations. While you can cut costs in some areas, you are never allowed to stop paying alimony on your own for any reason, including if you lose your job. Although you may no longer be able to afford spousal support, you must obtain permission from the court before ceasing payments. To learn more and obtain representation, reach out to a Memphis, Tennessee alimony lawyer to set up your consultation today.
Can I Stop Paying Alimony if I Lose My Job?
The answer to this question is no, you cannot stop paying alimony after losing your job. Your alimony agreement is a legally enforceable contract that you are required to uphold. You cannot cease payments for any reason without getting legal approval from the court. If you cannot afford to pay alimony anymore, the only way to legally stop is to petition the court for a modification or termination.
What is a Modification?
In terms of alimony, a modification is an adjustment that can be made to the spousal support order with permission from the court. Life is constantly throwing curveballs so it is important that the alimony order can be adjusted as circumstances change.
If you lose your job you will probably not be granted a modification the next day or even a few weeks later. However, if you can prove that you lost your job against your will and that you have been unsuccessfully but actively seeking employment since then, the court may allow a reduction in alimony.
What Are the Consequences for Stopping Alimony Payments?
If you decide to stop paying alimony on your own you will be vulnerable to a variety of legal and professional consequences. The court has the power to do any of the following if you refuse to pay.
- Property liens: You may also have liens placed on your property and bank accounts or have your accounts frozen until you pay.
- Wage garnishment: The court can order your employer to withhold money from your paychecks to pay your alimony. While this may not seem to matter for someone who lost their job, it may still pose an issue if you are receiving severance pay or unemployment.
- Intercept tax refund: The court could also intercept your tax refund and take the missing payments before you can access your refund.
- License suspension: Your driver’s license or a professional license could be suspended until the payments are made.
- Contempt of court: You could be charged with contempt of court. This is a serious offense and can result in fines, a record, and even jail time.
As established above, stopping alimony payments without permission can be detrimental in several aspects of your life. Instead, reach out to a skilled attorney today to discuss how you can start the process of requesting a modification.
