No one wants to pay alimony longer than is necessary. Your financial circumstances might have changed, your former spouse might have remarried, and the arrangement that was once suitable may no longer be appropriate. Thankfully, family courts allow individuals to request modifications. If you and your former spouse can agree to modify your alimony payments, this will allow you to forego having to go through a longer, more drawn-out process in court. However, you should still have the changes approved by the court to ensure they are enforceable.
Requesting a Modification
If you and your ex-spouse cannot agree on a modification to your alimony payments, you can petition the court. Generally, a judge will only grant such requests when one can prove there was a significant change in circumstances.
Here are some examples of situations in which a judge may grant a request to modify alimony:
- You involuntarily lost your job or received a reduction in pay
- You developed a disability that prevents you from maintaining gainful employment
- Your former spouse received a substantial increase in pay
- Your former spouse is cohabitating with a new partner or remarried
- You have more support obligations, such as children from a new relationship
If your reason for requesting a reduction in alimony is an increase in your ex-spouse’s income, the amount must be substantial rather than a minor cost of living adjustment. Moreover, alimony cannot be reduced if you voluntarily left your job or opted for a lower-paying job. The loss must be involuntarily rather than part of an attempt to reduce the payments to your former spouse.
If the change in circumstances you are experiencing are only temporary, a judge might grant a temporary reduction of your payments and, once your situation is resolved, your original payments can resume.
Discuss Your Post-Divorce Modification Case with a Knowledgeable Family Law Attorney Today!
If you experienced a substantial change in circumstances and can no longer fulfill your alimony obligations, you will need an experienced family law attorney on your side to assist you with the process. At The Neshanian Law Firm, Inc, our family law attorneys have the experience, knowledge, and skill necessary to help you secure the best possible results for your post-divorce modification case. Your financial circumstances will not remain the same forever and our team will help ensure that your alimony payments are fair.
Reach out to our law office today at (949) 577-7935 to request a comprehensive consultation with one of our attorneys to discuss the details of your case and learn more about what we can do for you.