Modifying Spousal Support or Alimony

Like child support, spousal support is modifiable (up or down) by showing of a substantial change in circumstances. As alimony is initially awarded to provide one spouse with support sufficient to maintain the standard of living of the marriage, the court must first determine that standard before it can address whether there has been a substantial change of circumstances. To determine the marital standard of living, the court may require a party to produce financial records including the Case Information Statement, tax returns filed during the marriage, and credit card and bank statements detailing income and spending during the marriage. A substantial change in circumstances may have occurred in the lives of either party. For example, the payor may have retired or become disabled. The receiving spouse may have experienced increases in the cost of living, if, for example, he or she cannot find employment. A substantial change of circumstances may have occurred because the spouse receiving support has remarried or is cohabiting with another adult. The court may still have the power to reevaluate and amend the terms of support, even if the former spouses agreed in writing not to seek the court’s intervention to address post-judgment support issues.

Either party may move for a change in spousal support. Upon a motion made by either the party paying support or by the party receiving it, a family court judge may review the terms of a support agreement/order and determine whether they should be changed. This process usually requires an attorney.

When presented with a post-judgment application requesting the modification of a support obligation, the court normally takes two steps. First, the court determines that the moving party has shown changed circumstances sufficient to modify the specific support provisions involved. This prima facie (preliminary) showing of changed circumstances must be shown before the court may consider the other spouse’s ability to pay or order the exchange of financial information. Then, if the court finds that a question of fact exists as to whether the specific support provisions involved should be changed, it may take the second step and conduct a plenary hearing before rendering a final decision.



Useful Online Tools
  • Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
  • Online Separation Agreements - When you and your spouse agree about how to resolve your issues, 3StepAgreementTM puts you in charge and gets everything in writing.
  • Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.

Recent Related Blog Posts
    All Divorce (General) Blog Posts

Suggested Reading
The Complete Guide to Divorce The Complete Guide to Divorce
You Must Have this Guide to Have a Successful Divorce! This book supplies the information you'll need to evaluate the strengths and weaknesses of your situation, ultimately allowing you to make better decisions before, during and after your divorce.

Download Now


Related Article Archives
Court Procedures
General Divorce Issues
    All Article Archives

Related Categories
Contemplating Divorce
Divorce Laws
Divorce Negotiation
    All Categories
Related Forums
DIY Divorce
General Issues
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
   
DIVORCE SETTLEMENT – Courts normally push the divorcing spouses to settlement because litigation between spouses antagonizes the parties, harms the children and drives up costs.
Start Divorce

Children In Between - Online Parenting Class

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Men's Book Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

 

Women's Book Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

 

Featured Download The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

View DIY Divorce Resources in Our Online Bookstore

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"