IfI become unemployed andI can’t make the alimony payments anymore, whatI can do?

Asked on October 25, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to go to court and ask the court to modify the alimony or support order. Courts have the power to change their own orders; they will usually only do this if there is a significant change in circumstances, but unemployment may be enough. You'd need to show that based on your income, your assets, and your *necessary* expenses, you simply can't afford to pay what you were directed to pay--so you should review you budget and pare it to the bone; have bank, brokerage, etc. statements; bring with you information regarding lease, mortgage, taxes, etc.; and generally be prepared to demonstrate that the  current payments are not merely a hardship, but are simply impossible. Ideally, have an attorney help you; if you can't afford one, contact the court and inquire into the forms, procecedure, rules, etc. for doing this.

Do not simply not pay--contact the court.


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