Does alimony have to be paid if the recipient moves away?
In New York, alimony does not have to be paid if the recipient moves away. However, if the recipient moves to a different state, the court may modify the agreement if the paying spouse can show that the move makes it difficult to keep up with the payments. For example, if the paying spouse does not have the financial resources to send money out of state, the court may reduce the amount of alimony to be paid, or even suspend it entirely. The best way to protect the paying spouse is to include a clause in the divorce agreement specifying how payments will continue if the receiving spouse moves away. This clause will typically outline how both parties should inform each other of their address changes and the consequences if the paying spouse fails to make payments on time. If the receiving spouse moves away without informing the paying spouse and the paying spouse cannot make payments, the best thing to do is to contact the court. The court may recommend filing a motion to modify the agreement or suspend payments. In either case, the court will review the situation to determine if the move is justified and if the paying spouse has sufficient financial resources to make payments.
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