Modifying Alimony Lawyers
How Can Alimony Be Modified?
Alimony is generally only modifiable based on a change in circumstances, and these facts are brought to the attention of the Court. However, many times a set procedure in the couple's pre-nuptial agreement or separation agreement will specify limited circumstances for modifying alimony and what steps must be taken. Finally, if both spouses voluntarily agree to modify alimony the amount can be changed.
What Must Be Done To Have The Court Modify Alimony?
The party who wants to change alimony must file their request with the court who set the original alimony amount. A substantial change in circumstances must be shown, and this substantial change can be any of the following:
- Change in law
- Cohabitation by the spouse receiving alimony
- Cost of living increase - inflation may justify an increase in alimony
- Decrease in income or loss of job
- Disability - refers to the ability to earn income
- Financial emergency
- Hardship - this usually relieves the payer of alimony from payments
- Increase in income
- Medical emergencies
- New support obligation - this may include new children or some new support required by law
Can a Court Retroactively Modify Alimony?
Retroactive modification means that if a person is allowed to pay less alimony in the future, they will also be forgiven of some of their current debts as though the future payments were always the standard. Courts are supposed to refuse to forgive current debts when modifying alimony but in reality some courts are willing to make an exception.
Do I Need an Attorney To Help Modify Alimony?
Family law issues are often difficult to resolve because people are at their most uncooperative towards their former spouse. An experienced attorney can speak on your behalf and help you through this difficult time.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-26-2013 02:32 PM PDT
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