Changing Your Alimony Payment Amount
If your financial situation has changed since your divorce was finalized and you can no longer make the same financial contributions as earlier, you may need to modify the terms of your alimony agreement. It is possible for alimony amounts to be changed, although it may require substantial evidence in support of your claim.
Reasons for changing alimony payments
In addition to listing the amount and due date of alimony payments, your divorce agreement may also specify under what circumstances you are able to change the amount of financial support provided to your spouse. First, review your settlement agreement with your attorney and decipher if you have the grounds to file for the change. Typically, agreements allow for alimony modifications to be made if the contributing spouse is unemployed, seriously ill or critically injured.
In certain cases, agreements may specify that alimony payments cannot be altered for any reason. Conversely, if no terms related to changing alimony status are mentioned in your agreement, you may petition to modify your payment amount at any time.
Providing supportive evidence
To alter the alimony payments, you must file a request with the court. Following, you will be required to present concrete proof that circumstances have changed since the finalization of your divorce. It must also be made clear that the situational changes have rendered you unable to maintain the same amount of alimony payment, or that your spouse is unfit to receive such support.
The judge must then be shown proof that your financial situation has changed, or that your spouse has an increased household income due to remarriage or a raise at work. After you present your case, a judge may order you and your former partner to produce certain financial documents related to your claims. If the judge decides that circumstances have changed enough to warrant a modification, the alimony amount will be altered.
If you are in need of changing or updating your spousal support terms, speak with a knowledgeable divorce and alimony attorney at Bryan L. Salamone & Associates today.