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Should I Try to Get My Alimony Modified?

Are you receiving alimony and believe that your spouse that is paying alimony got a raise in his or her salary?

Are you paying alimony and have gotten a pay cut, or lost your job?

You may be able to file a petition with the court for a Modification of Alimony.

In order to file a petition for modification of alimony with the court, you will need the following to have happened:

1. A substantial and material change in circumstance.
2. That was not anticipated at the time of settlement or trial.
3. Which is not temporary, but permanent.

That means it must be significant, material, involuntary and permanent change. A temporary one will not suffice.

There has to be proof that there has been a substantial change in finances since the time you settled or went to trial, and then you may be able to modify the alimony upward or downward. You would need to know the gross income and or net income the court used for you and your spouse at the time of the settlement, or trial; and the current gross income and or net income of you and your spouse.

A spouse cannot simply decide that they are quitting their job, or reducing the hours they are working in order to get a reduction in alimony. That will not work. They will still be responsible to you for their current alimony.

Also, you may be entitled to a modification or termination of alimony if you are turning 65 and retiring from your job.

However, a temporary reduction in salary for a few months probably will not be enough.

You may request that the modification be retroactive to the date of filing the petition.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.