While creative government bean counters contend that the economy is improving, those who have been laid off or suffered through a long period of unemployment know that any so-called economic recovery has not done much for people on Main Street. Unfortunately, those who were divorced prior to the economic downturn are still required to pay alimony also called spousal support according to the facts that prevailed in better economic times unless they seek a formal modification of their alimony obligation.
Those who are struggling because of less overtime, reduced commission, relegation to part-time status or layoff may be hesitant to seek legal advice regarding a formal reduction in alimony because of concerns about resources to pay legal costs and court fees. However, the decision to wait for better times can be extremely costly because you are accruing arrearages that will not be modified retroactively if you decide not to file until after the arrearages have been accrued. The cost of legal representation can be inconsequential when viewed in light of a substantial alimony obligation that is accruing arrearages over many months or even years. Our experienced New Mexico Alimony Modification Attorneys have provided some basic tips for spouse’s who are struggling to make alimony payments because of economic hardships caused by a sluggish economy.
Tip 1: You should consider making some level of good faith payments.
While you may not be able to obtain a stipulated agreement for a reduction in monthly alimony payments, you should try to make some good faith payment rather than simply disregarding the obligation entirely. The judge may look more favorably on your request for a modification if you have been paying something than if you simply cease making payments altogether. Should you make good faith payments, just make sure you pay by check or money order and you retain records that can be used in Court if the other side disputes having received the payments.
Tip 2: When you visit a New Mexico Family Law Attorney, you should bring proof of your reduction in income.
The court will require evidence that establishes that you have experienced a “substantial change in circumstances.” The family law judge will need financial documentation quantifying your reduced income before entertaining the possibility of modifying alimony. If you bring this documentation to your initial consultation in our law office in Santa Fe or Albuquerque, we can provide candid legal counsel about whether it is worth filing for a modification based on your decline in income.
Tip 3: You should discuss the prospect of a stipulation for modification of alimony with an attorney.
If you speak to your spouse, there is a chance your spouse may agree to at least a temporary modification. Even if she is represented by legal counsel, the attorney may advise her to stipulate to the reduction if you have been laid off because of economic conditions. Regardless of the circumstances, you should contact a New Mexico Divorce Lawyer to obtain a formal stipulation that is filed with the court because an informal agreement will not protect you if your spouse later changes his or her mind.
Tip 4: You should schedule a free consultation immediately.
If you have suffered job loss or a drastic reduction in income, the worst course of action is for you to do nothing. New Mexico family law judges are aware of the high unemployment rate and the record numbers of people that have been without work for a prolonged period. Judges generally will take these economic realities into account and adjust alimony to reflect your reduced ability to pay. However, the judge will not wipe out past arrearages that accrue over an extended period prior to your filing for modification. While you may be inclined to delay filing for a modification of alimony because of legal fees and court costs, the reality is that this amount can seem trivial compared to high alimony that goes unpaid over a long period. The bottom line is that our New Mexico Family Law Attorneys offer a free initial consultation so you have nothing to lose and a lot to gain by learning about your rights and options. Click Here to set us a free consultation.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have further questions about alimony modifications in New Mexico, we recommend you contact us directly to obtain a preliminary assessment of your situation. The New Mexico family Law Firm of Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at 505.989.8117 to learn about your rights and options.
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