When the courts award one spouse spousal support during a divorce, they consider many important factors first. The need of the recipient spouse is a key consideration, but the courts also consider the paying spouse’s ability to afford spousal support.
Typically, those paying support have an obligation to fulfill the terms included in the order until it ends. Occasionally, paying spouses can petition the courts to modify spousal support orders. A significant change in circumstances is typically necessary to justify a modification request.
Does job loss make a request to reduce support reasonable?
The details matter in a support modification case
People frequently resent the obligation to provide financial support after a divorce. As such, they may engage in questionable or even unethical behavior to limit their obligations. Some people quit their jobs or engage in behavior that they know may lead to their termination.
They may then start working under the table or relying on others for financial support so that they can claim significantly reduced income or a total lack of income. Voluntary unemployment and underemployment are common issues, so the courts look carefully at spousal support modification requests.
If an individual quits a high-paying job to work at a fast food restaurant, the courts may refuse to modify the order because the individual has a much higher overall earning capacity. On the other hand, if a professional loses their job because a company fails or because of a drastic change in their health, the courts may acknowledge that the circumstances are outside of their control.
Reviewing a support order and the circumstances surrounding a job loss with a skilled legal team can help people determine if they are eligible for a spousal support modification. People who can no longer afford support may need to act quickly to avoid accruing past-due support amounts.
