What is Needed to Modify Alimony?
- March 24, 2023
- ontarget
- Divorce
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In order to modify alimony you must show a substantial change in circumstances since the entry of the final judgment of dissolution of marriage, that the change was not contemplated at the time of the final judgment of dissolution of marriage, and that the change was sufficient, material, involuntary, and permanent in nature. Further, the change in circumstances alleged must have occurred subsequent to the last judgment or award of alimony.
A Substantial Change in Circumstances
An alimony award can only be modified upon a clear showing that there has been a substantial change in financial circumstances of either party occurring after the entry of the order awarding alimony. The change in circumstances must be alleged to have occurred subsequent to the last judgment or order awarding alimony.
A substantial change in circumstances in and of itself, is not sufficient to justify modification of the final judgment of dissolution of marriage. The change must not have been contemplated at the time of the final judgment.
If the modification is to reduce the alimony, then there must be a showing by the person who wants to reduce alimony that the substantial change in circumstances is not the result of a voluntary act, and there was no intent of evading the alimony obligation.
Voluntary Change
If the change in circumstances is voluntary, the court must apply a good faith test in determining whether to grant relief and allow the reduction in income due to a voluntary change of employment or lifestyle. The court must determine whether the job change was done intentionally to avoid paying an alimony obligation.
Temporary Change
Is the change permanent? The court may deny the modification of alimony if the decrease or inability to pay was voluntary and not permanent. Showing that the substantial change has occurred for one year or more is generally sufficient to show that it is permanent.
When determining whether a substantial change of circumstances occurred due to a change in payor spouse’s income, the court may properly consider all aspects of payor spouse’s available income.
Even if there is a change in need or ability to pay, the trial court must still take into consideration the totality of the financial circumstances of the parities.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.