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max713
max713, Lawyer
Category: Family Law
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Does someone have to continue to pay alimony or spousal support

Customer Question

Does someone have to continue to pay alimony or spousal support payments after unemployment benefits run out?
Submitted: 4 years ago.
Category: Family Law
Expert:  max713 replied 4 years ago.

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. If you have a decreased ability to pay, you can petition the court to get your spousal support modified, as per Code of Virginia, 20-109(A). Whether it will be granted is based on 20-109(B): "Upon consideration of the factors set forth in subsection E of § 20-107.1, the court may increase, decrease or terminate the amount or duration of the award upon finding that (i) there has been a material change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact occur through no fault of the party seeking the modification."

max713 :

If your unemployment benefits being terminated is a material change in your circumstance which you could not reasonably have anticipated, you have grounds to petition for a modification of your spousal support obligation.

max713 :

Remember, this is not automatic; it will only be changed after a petition for modification is granted by the court. This is not advice, but information only.

max713 :

Does that make sense?

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