How to Decrease Spousal Support When Unemployed
During the process of a divorce, one spouse is sometimes awarded spousal support from the other spouse. While the intention is to help support the spouse who might have sacrificed their career for their family or marriage, this type of support sometimes needs to be decreased when the supporting spouse becomes unemployed.
- Try to come to an agreement with your ex-spouse. If your spouse knows of your employment situation and is understanding of your hardships, he or she might agree to decreasing the amount of support that you are paying until the situation is rectified. In some cases, you will be able to reach an agreement without going back to court. This is called a modification agreement. If you do come to an agreement, write it up and have both parties sign the document. You must then file it with the court for it to be official.
- Petition the court to enforce a modification. If your spouse is not being cooperative, you can have the court enforce a support modification. To begin the process, you must contact the court to obtain a petition form. You can obtain a form from your local court clerk.
- Provide evidence of the change in your employment situation. This can include unemployment documentation, unemployment check stubs, or tax information. You will also need to provide evidence that you are actively seeking new employment.
- If your spouse's situation has changed, provide evidence to that end, as well. Changes such as a new job promotion, recent college graduation or remarriage on the part of your ex can all warrant a change in the amount of spousal support that you are required to pay.