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I may be getting laid off from my current position and am currently obligated to
pay support to my spouse. What will happen if I no longer make the same amount
of money and can no longer afford to pay the same amount. Would the answer
change if I were to quit of get fired? Thank you
Asked on December 13, 2017 under Family Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
First, if you quit or resign, you will have no right or chance to change the amount of alimony you pay: the law does not alter your obligations based on your voluntary actions.
If you are laid off or terminated, the court *may* reduce your obligation if you convince the court that it was not due to your fault, choice or actions; that you cannot in a reasonable time get a new job at a similar (or higher salary); that you are making sincere, reasonable efforts to get a new job; and that it would be a significan hardship on you to pay the existing alimony. You would file a legal action (typically a motion, filed under the docket number of your divorce case) in court and serve a copy on your ex; your ex has the right to notice and challenge your request for an alimony reduction.
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