Alimony Modifications in Light of COVID-19 Pandemic: What You Need to Know

Alimony, also known as spousal support payments, is an agreement put in place during a divorce proceeding that is based on both one person’s need and another person’s ability to pay.

Depending on how alimony is negotiated or ordered by the court, it may be modifiable or non-modifiable. If alimony is court-ordered as non-modifiable, it may not be changed, even if you lose your job or experience a significant change in circumstances.

However, we are living in uncertain and unprecedented times. Even if your agreement is not modifiable, you do have options for seeking relief. Here’s what you need to know:

• Modifications may be allowed if there has been a change in need by either a payor or recipient, or a change in the ability to pay by the payor.
• Modifications may be requested by either party.
• Failure to abide by the alimony agreement may put a payor in contempt of court, which can lead to sanctioning, fees, incarceration, and other severe penalties, so it’s important to ask the courts for immediate relief if you require a change.

If your situation has been affected during this pandemic, whether as a payor or receiver, we encourage you to reach out to us right away. The courts are open for emergencies and procedural processes. Taking action now by filing your applications or petitions ensures that any relief the courts give you will be retroactively applied to the date you file, regardless of how long it takes the courts to hear the matter. Moreover, you will not be held in contempt of court if a modification is pending.

Don’t wait another day if your circumstances have changed. Our team at Vasquez de Lara Law Group is here to help any way we can. Get in touch.