Does alimony have to be paid if the payor is unemployed?
In Arkansas, alimony must generally be paid if the payor is unemployed. The law in Arkansas states that if the payor is unemployed due to “good cause” then the court may exercise its discretion to reduce or eliminate the alimony obligation. However, the payor must demonstrate to the court that the unemployment is due to good cause and that they are actively seeking to find appropriate employment. Good cause may include circumstances such as a disability, changes in the job market, or educational opportunities that would improve the payor’s future employability. If the payor is voluntarily unemployed or unemployable, the court will not likely exercise discretion to reduce or eliminate the alimony obligation. This is because the court will generally still consider the payor’s earning potential and ability to pay alimony, regardless of whether they are currently employed. Therefore, if an unemployed payor is able to show that they have the ability to pay alimony, they are likely still responsible for making alimony payments. In any case, it is important to note that any modification to alimony payment amounts must be approved by the court. Therefore, if the payor is unemployed and wishes to have an alimony payment arrangement modified, they should contact the court and file a motion for modification.
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