If you have separated or have gotten divorced from your spouse, you may need to pay spousal support as part of the separation or divorce settlement. The amount that you have to pay depends partially on the other spouse’s ability to earn money. Therefore, it is possible that you may not need to pay support if your ex-spouse is making money through self-employment.
Is Your Spouse Making a Profit?
It is important to understand that your ex-spouse may not be making any money from his or her business venture. If that is the case, your support obligations may remain unchanged. However, if your ex-spouse is making a profit, that is income that he or she can use to support him or herself. This means that you may be able to ask a judge to either lower or eliminate the amount of spousal support that you pay him or her each month.
Have Circumstances Changed?
If you have suffered a job loss or some change in financial status, it may be possible to end spousal support if your ex-spouse can now support him or herself. In some cases, support is either negotiated between the two parties or ordered by a judge to last only until the other spouse is able to financially support him or herself. In other words, if your spouse can support him or herself through their self-employment income, that may be enough to show that your ex-spouse no longer needs to be supported.
Are You Paying Permanent Spousal Support?
A judge may order that support be paid permanently depending on how long the marriage lasted. Typically, support is permanent if the marriage lasted more than 20 years or the other spouse has a legitimate reason as to why he or she cannot get a job. Spousal support may also be paid to a spouse who may have stayed at home while you furthered your career and your ability to make money. In this situation, the only way to end support payments is to show that your spouse is remarried or cohabiting with someone else who is providing financial support.
If you are paying spousal support to an ex-spouse who is self-employed, you may be able to request the termination of your obligation. However, you should be aware that there are many factors that go into a support order, and the mere fact that your spouse is making an income may not be enough to terminate support. Contact Ronald Kossack today to learn more.