Many factors are taken into consideration for many issues in divorce, and one of these issues is the matter of alimony. If the court believes that one spouse should be paying alimony to the other spouse, they will consider a variety of factors. These include the financial resources of both parties, the standard of living during the marriage, the duration of the marriage, the age and physical condition of both parties, earning capacities, and more.
What happens if your spouse believes that the alimony requested by the court is unfair and they are no longer paying as required? The act of failing to pay alimony is considered based on the facts in your unique situation. If your spouse can’t physically afford to pay alimony based on circumstances that changed since the hearing, this may call for a new hearing and possibly an adjustment instead of jail time. However, for those who intentionally avoid alimony, they will receive the harshest penalties. The best thing that you can do is go forth with a modification to find out if anything needs to be changed. Here are some steps you can take when the issue of not being able to afford alimony arises.
When the Other Party Can’t Pay Alimony
Looking at the Divorce Judgment: What happens if the alimony request was agreed upon years ago? Things may have changed, and the court may consider that. Perhaps the other party remarried or there is an end date listed – in these cases, alimony may not be required anymore.
Working on an Agreement: Many people decide that solving these issues outside of litigation is the best option for them. Sometimes, this will lead to a helpful solution like a Stipulation and Order. Even alternative dispute resolution may not be out of the question if you believe you can agree to a new order!
Preparing Modification Case: If an agreement can’t be reached, then a modification may be your last option.
Failing to pay alimony can only lead to negative results that nobody wants to encounter. No matter which spouse you are, the payer or the recipient of alimony, you want to see the best outcome on both sides. This is why, when you have issues within your alimony case, you should call an experienced attorney who can help you in your time of need. Call us today.