Losing your job is an incredibly stressful situation, as you may be unsure how you will make ends meet. Unfortunately, this matter may only be made more overwhelming if you pay alimony to your ex-spouse. It’s important to understand that losing your job does not automatically mean that your alimony obligation is terminated. However, if you wish to change the current court order, you must first seek a modification through the court. If you think that your situation absolutely requires a change to your arrangement, you can talk to a Peoria County alimony lawyer from our firm. We may be able to help you make your argument for a new spousal support arrangement.
When Can an Alimony Order Be Modified After Job Loss?
While being laid off can result in the modification of an alimony payment, it’s important to understand that Illinois courts will generally only grant this request if you can prove that a substantial change in circumstances has occurred that warrants reducing or terminating your alimony obligation. As such, the courts will examine a number of factors rather than provide an automatic order to lower the amount.
Factors Illinois Courts Evaluate When Income Changes
Unlike child support, alimony modifications will depend on the paying spouse’s income changes and their efforts to seek new employment.
- Whether your job loss was voluntary or involuntary (layoff vs. termination for cause)
- How long you have been unemployed for
- If you have made reasonable efforts to look for new employment
- The health and economic situations of both spouses
- Whether the supported spouse could be self-sufficient
How Do Illinois Courts Distinguish Between Good-Faith Job Loss and Avoidance?
One of the most important factors Illinois courts will consider when making decisions about spousal support is the intent behind the modification request. As such, judges in Tazewell County and across the state are educated to understand the differences between legitimate financial hardship and attempts to evade paying spousal support. As such, a spouse who loses their job due to downsizing or layoffs may be viewed more favorably than someone who resigns on a whim or is fired due to violation of company policies.
Behaviors That Signal Good Faith to the Court
- Actively seeking employment through applications and interviews
- Accepting part-time work while the search for comparable employment continues
- Maintaining records of employment-seeking activity
- Cooperating with court procedures and deadlines
Temporary vs. Permanent Alimony Modifications
Not all terminations will lead to a permanent change in spousal support payments. Illinois courts will make efforts to distinguish between short-term unemployment and long–term income loss when deciding whether or not alimony should be temporarily modified or permanently changed.
As such, temporary modifications are more commonly granted when unemployment is recent, and reentry into the workforce is anticipated. However, permanent changes are often granted in situations in which income reduction is long-term, or the individual can no longer work due to disability.
Scenarios in Which Temporary Relief Is More Likely
- Employer layoffs or company closures
- Industry-wide impacts
- Short-term medical issues
- Pending job offers
Can I Stop Paying Alimony Without Court Approval?
You should not, under any circumstances, stop alimony payments without court approval. Doing so can result in significant legal consequences, even if you can prove that your reason for halting payments was justified. Judges generally do not forgive unpaid support when job loss is the cause.
As such, if you lose your job and you do not pay your court-ordered support, you may find that the court can take legal action against you, including wage garnishment or being held in contempt of court.
Risks of Non-Payment
- Accumulation of arrears
- Court-ordered repayment plans
- Damage to credibility for future modification requests
- Potential contempt of court charges
How Long Does Alimony Usually Last in Illinois?
In general, most alimony payments in Illinois are not permanent, as the duration of payments is typically dependent on the length of the marriage, Illinois domestic guidelines, and each party’s unique financial circumstances.
In many instances, long-term marriages often have more extensive support periods, but permanent support is generally only granted under exceptional circumstances.
Contact Our Tazewell County Divorce Attorneys Today
In the event you lose your job and are unable to meet your alimony obligations, it’s in your best interest to connect with an experienced attorney with Butler, Giraudo & Meister, P.C. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn more.
