When spouses get divorced, it is common for the higher-income earning spouse to pay alimony. However, if your financial circumstances changed or your former spouse’s situation changed, you can request a modification to have your payments reduced. Before you petition the court with this request, you should try to discuss the matter with your ex. If successful, you will save yourself some time and money, but you will still need a judge’s approval to ensure it is enforceable, regardless if your former spouse has a change of heart.
If you cannot reach an agreement regarding your alimony payments, you must petition the court. Continue reading to learn more about the process.
Petitioning the Court for a Post-Divorce Modification
Generally, a judge will only grant a request for a reduction if there was a substantial change in circumstances.
Below are some examples of situations in which you may receive a modified alimony order:
- An involuntary wage reduction or loss of a job
- The development of a disability or illness that prevents the paying spouse from maintaining gainful employment
- The receiving party moved in with a new partner or remarried
- The receiving party experienced an increase in income
You will not receive a reduction of alimony if the increase in your former spouse’s income was only a minor adjustment. Moreover, if you opted for a lesser paying job, it is unlikely a judge will grant your request since the change was voluntary.
If the changes in your situation are only temporary, a judge may grant a temporary modification of alimony until you can get back on your feet. For example, if you lost your job, your payments may be reduced until you can find a new job that allows you to continue fulfilling this obligation.
Schedule a Free Initial Consultation with Our Knowledgeable Family Law Attorney Today!
If you are unable to keep up with your alimony payments, you can petition the court for a reduction. For the best chances of obtaining a successful result, it is crucial to retain skilled legal counsel. At the Law Offices of Frank E. Mann, P.C., our family law attorney is committed to providing compassionate and knowledgeable advice and support, so you can smoothly navigate the complexities of your case. Backed by more than 33 years of experience, you can rely on us to effectively represent your case.
Reach out to our legal team today at (713) 903-8112 to set up a free initial case evaluation to discuss the details of your case.