When Alimony Modification is in Order

You’ve been making your alimony payments regularly for years, but  now you’re feeling the squeeze because things have changed. Is there any chance you can modify those payments?

When is a Modification in Order? 

Sometimes changing circumstances justify a change in court-ordered spousal maintenance. If your ex wins a $10 million lottery, for example, you shouldn’t have to keep making monthly payments!  Although that’s probably not going to happen, there are certain changes that really could mean a modification is worth pursuing. That’s because the court wants both parties to have the means necessary to live—and you are one of those parties! So what might realistically trigger changes?

Income Reduction:  If you are laid off or otherwise lose your job, move to a lesser paying job, or are considering retirement— it could have a substantial impact on a payer’s ability to continue making the same alimony payments.

Financial Emergencies:  What if your home burns down, or if you are involved in an accident that leads to long-term hospitalization and horrific piles of medical bills? These kinds of unexpected emergencies really hit you in the wallet and could reduce your ability to meet your alimony obligations.

Relocation Requirements:  If you are expected to move as part of a job requirement, you may have trouble making alimony payments at the same level as you did prior to the move.

The Birth of Another Child:  The original spousal support requirements were based on your financial obligations at the time. As circumstances change significantly, such as with the birth or another child, it may be a justification for an adjustment in your alimony obligation.

Cohabitation or Remarriage of your Ex:  If your ex has a substantial change to their income because another adult is helping to support the household, it could mean alimony is no longer required to maintain a decent standard of living.

Your Ex Has Increased Earnings:  Perhaps your ex required support in order to get training or look for a job when you first split but is now making a good living. There may be no reason to continue relying on spousal support from you.

Steps to Modify Payments 

If it’s you who would like to modify the payments, it’ll be your responsibility to prove a modification is warranted. That means documentation of the significant changes to either your or your former spouse’s financial situation. A successful modification will result in a modification to your divorce decree, a legal amendment laying out the new terms.

The Help You Need 

If circumstances have changed to a significant degree, a modification of your alimony payments may be in the cards for you. To discuss, schedule a confidential consultation with the knowledgeable Boca Raton modification attorneys at WiseLieberman in our office today.