Does alimony have to be paid if the payor is unemployed?

In California, alimony laws are governed by Family Code 4320. Whether alimony is required to be paid depends on the specific circumstances of the case, including whether the payor is employed or unemployed. If a payor is unemployed, this does not necessarily mean that alimony does not need to be paid. Instead, it must be determined if the payor lacks the ability to pay or if the unemployment is voluntary on the part of the payor. If the court finds that the unemployment is voluntary, alimony may still be required to be paid. The court will review the payor’s income and other financial resources to decide if alimony is necessary and how much should be paid. The court may also consider the payor’s job search efforts when determining if they are voluntarily unemployed. If the payor is actively trying to get a job and is not making any income, the court may consider this in their decision. If the payor is involuntarily unemployed and has no ability to pay, alimony will not be ordered. In some cases, the court may even adjust the amount of alimony ordered if the payor has recently become unemployed. Overall, whether alimony has to be paid when the payor is unemployed depends on the specifics of the case and if the unemployment is voluntary or involuntary.

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Does alimony have to be paid if the payor is unemployed?

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