Losing your job is a stressful event, made even more complicated when you have ongoing spousal support obligations. If you have lost your job, you may wonder whether you can pause these payments while you search for new employment. Please continue reading as we delve into whether you can seek temporary relief when facing unemployment and how our experienced Monmouth County Spousal Support Attorneys can assist you.
Do I Have to Keep Paying Spousal Support If I Lose My Job in New Jersey?
If you have lost your job, it is important to understand that this does not automatically allow you to stop paying alimony in New Jersey. Your spousal support obligation is a legal requirement set by the court. Simply stopping payments without a judge’s modification or a court-approved written stipulation exposes you to serious enforcement actions like wage garnishment, liens, license suspension, and even contempt of court.
Nevertheless, the state recognizes that life circumstances change. If you experience a significant drop in income due to a legitimate job loss or major earnings reduction, you have the right to petition the court to modify, reduce, or temporarily suspend your spousal support payments. You will need to file the motion and bear the burden of proving your need for a change.
What Does the Court Look At When You Ask to Reduce or Pause Support?
When you request temporary relief, you should be prepared, as the court will scrutinize the circumstances of your unemployment. It should be noted that a layoff due to downsizing is viewed very differently from choosing to quit a high-paying job for a “break.” The court will focus on whether the job loss was outside of your control, is the job loss is likely short-term or long-term, and whether you are actively seeking comparable employment.
If the judge finds you are voluntarily underemployed, they may “impute” income to you. This essentially means that they will deny your request and treat you as if you are still earning the income you could reasonably be making. Ultimately, the reason behind your job loss is just as crucial as the resulting change in your finances.
When Should I Consult an Attorney?
If you have been laid off and are struggling to keep up with your spousal support obligation, swift action and legal counsel are essential. New Jersey’s alimony laws, especially following the state’s 2014 reforms, allow judges to temporarily or permanently adjust support payments. An attorney can review your current order, evaluate whether your job loss meets the legal criteria for modification, assist you in gathering necessary documentation, and effectively present your case ot the court. Reaching out sooner rather than later maximizes your options for protection against mounting arrears while maintaining fairness to your former spouse.
For guidance and skilled representation, please don’t hesitate to contact an attorney at Paone Zaleski & Murphy.
