Alimony is also known as “spousal support” or “maintenance” payments. These payments come after a divorce. The marital settlement agreement and/or the court’s divorce judgment will contain an order that defines the terms of the alimony payments, like how much will be paid each month and when the payments are due. Some orders also say when alimony ends–this might be a specific date or be connected to an event, like the remarriage of the spouse receiving alimony. Orders also describe specifics under which alimony can be modified, let’s say if someone becomes employed. In some events, some orders will state that the amount of alimony will never be changed under any circumstance.
You will Need to Show a Change In Circumstances
If the settlement agreement or order doesn’t address the issue of when alimony can be modified, then either spouse is free to seek a change to alimony by filing a request with the court. In some cases, the paying spouse who can no longer afford alimony must ask the court to make a change. When doing this, you must prove why the reduction or cease of payment is justified. In order to convince the court to reduce (or even terminate) alimony, the paying spouse must demonstrate a significant change in the financial circumstances of one or both spouses, such as:
- the involuntary loss of a job or wage reduction
- an illness or disability that prevents the paying spouse from working
- the remarriage of the supported spouse
- the supported spouse’s cohabitation with a new partner, or
- and increase in former spouse’s income.
When you want to make a change, the reasons must be significant. The judge will not grant a reduction based upon minor circumstances to either spouse’s income or other financial resources. One a motion to modify alimony has been filed, the court will typically allow the spouses to conduct “discovery.” Discovery means that each party will be entitled to ask the other to produce documentation showing the ability to pay support or the need for financial support. These documents will be paystubs, tax returns and financial statements.
If you are looking for Alimony adjustment help in Burnsville, Minnesota AMS Mediation provides superior professional divorce services. With years of experience, AMS can help you make this process run smoothly and help decide if you have the right documents, and a good argument to seek alimony adjustments. At AMS, Amber makes sure that all of her clients understand that she prioritizes her clients as number one, and empowers each person to achieve fair, affordable, and workable solutions which satisfy their unique needs and circumstances.
