After a divorce, the topic of alimony may be addressed. If this is the case, either through a court order or an agreement between the parties, the amount and duration of the payee’s alimony obligation should be established. It is important for the parties to adhere to the terms of the agreement or order. It is important to follow the order or agreement until the court provides an alternative. Ignoring or violating a court order can lead to further legal problems. If the payee believes that the order or agreement should be changed, he or she has a few options.
One option for the payee is to work with his or her ex-spouse to agree to new terms. If one party can convince the other to take less money, the court will probably allow it. That being said, this is no easy feat and most people will probably find this quite difficult to achieve.
Another option is for the paying spouse to request a post-judgment modification or outright termination of alimony. To convince the court that a request for modification is appropriate, the paying spouse must provide evidence to support his or her position. The paying spouse will have to demonstrate a significant and permanent change in circumstance. This can include changes in occupation, revenue, but also can include the effects of an illness or a change to the dependent spouse’s dependency. The legal standard for a court to grant this request is quite high.
When requesting a post-judgment modification, contact an attorney that can help you through this significant legal matter. Contact Penichet & Alberga LLP for a consultation today.