When there is a court order in place telling you pay spousal maintenance, you are obligated to do so regardless of your employment status, or even your ability to pay.
Failure to obey the order, even in cases where you’ve lost your job, can be punished by the judge.
The best thing to do is notify your former spouse and the court immediately of your changed circumstances and ask for a modification in the payment schedule.
You are required to show that your job loss was outside of your control, so if you were let go for misconduct or quit outright, your petition may run into problems.
You’ll also have to show that you’re actively seeking new work in order to eligible for a modification.
The attorneys at Zelenitz, Shapiro & D’Agostino provide cost effective legal help for people facing difficult circumstances like job loss after a divorce.
Call us today at 718-523-1111 for a free consultation with an experienced Queens divorce and modification lawyer.