If ongoing alimony has been awarded in your divorce case or alimony petition, you may seek to modify ib after a certain amount of time. Either former spouse can request a modification, but they will have to demonstrate to the court that there is a substantial change in circumstances since the award of the alimony payment. The change in the circumstance must be a change that is expected to continue and was not anticipated at the time the original or prior alimony award was entered. Some circumstances that may be considered a change in circumstances include:
- A substantial raise or an involuntary decrease in pay;
- A change in benefits
- A serious long-term illness;
- The remarriage or supportive relationship of the spouse receiving alimony;
- The long-term care of an adult child who is now disabled.
The spouse seeking the modification of an alimony award must file and serve a Supplemental Petition for Alimony along with an updated financial affidavit.
A hearing will be held and you will have an opportunity to present your evidence to the court. The court must find by a preponderance of the evidence that a modification is warranted. Of course, the parties can always work out an agreement as to the Petition to Modify alimony.
If you feel that you may need to request to stop paying alimony due to a substantial change in circumstances, it is best to consult with a lawyer.
Call our office 561-869-3703 to find out if we can assist you.
