How is spousal support affected if the paying spouse becomes unemployed?
In California, if the spouse paying spousal support becomes unemployed, the amount of support they pay can be affected. The court can either suspend or decrease the support payments depending on the circumstances. If the paying spouse becomes unemployed due to no fault of their own, the court will most likely suspend the spousal support payments until they find employment and can resume payments. If the paying spouse voluntarily becomes unemployed or underemployed to reduce their support payments, the court likely will not suspend the payments, but may order the paying spouse to pay a lesser amount than what was originally ordered. In either case, if suspended or decreased spousal support payments are ordered, it is important for the receiving and paying spouse to agree to a payment plan that takes into consideration the paying spouse’s current financial situation. The paying spouse may be able to negotiate either full or partial payment of the spousal support in monthly installments. Additionally, the paying spouse will need to demonstrate to the court that they are actively seeking employment and that their efforts are reasonable. This could include attending job fairs and submitting resumes to potential employers. If the spouse paying spousal support becomes unemployed, it is important to contact an experienced family lawyer who can help navigate the legal options. Having legal representation can help ensure the court takes into account the paying spouse’s individual circumstances.
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