If you are ordered to pay alimony and recently received workers compensation benefits for getting injured on the job, you might wonder if it will affect your alimony payments. The truth is that it depends on your judgment and the jurisdiction in which you reside.
You May Still Have to Pay
Workers compensation payments typically provide a replacement of significant income, so you may still be expected to make alimony payments. The court may consider workers compensation payments as income and order you to pay alimony with it. Because workers compensation is usually just a percentage of a person’s salary, so the court may bear in mind that your income is reduced for at least the time being.
Modifiable vs. Non-Modifiable Alimony
To figure out if you still have to pay alimony when you’re on workers comp, look to see if your spousal support is modifiable or not. If spousal support can’t be modified, you can’t change the amount you have to pay.
If the court order states that the spousal support is modifiable, you can ask the court to reduce or terminate your alimony on a temporary or permanent basis. To get approved, you have to show the court that you have fewer resources to pay alimony than you did before and that you’ve had a significant reduction in income.
What if my divorce is still pending?
If your divorce isn’t complete yet, it’s likely that your alimony payments temporary. You may be able to petition the court to change or terminate the temporary order for alimony.
How to Make a Change
If it’s possible to modify your alimony payments, you have to ask the court to make that modification. However, until a new order has been issued, you have to continue to make your alimony payments under the old order. It may be in your best interest to hire a divorce attorney Phoenix AZ trusts to help you submit the proper legal documents to the court.
How can an attorney help?
A skilled attorney can evaluate all of the factors in your case to determine if you have a good shot at bringing a motion to change your alimony payments. If the lawyer determines that you have a strong case, he or she may represent you in court and ensure your rights are protected. He or she may also help you gather the appropriate documents to help prove your case.
Thanks to our friends and contributors for Hildebrand Law for their insight into alimony and workers compensation cases.