Many clients often wonder if there is any way for them to reduce their alimony payments some time after their divorce has been finalized. And, in the alternative, whether the alimony they receive can be increased. After all, financial circumstances of divorcing parties rarely remain the same years later.
Both parties, whether paying alimony or receiving it, have the right to seek a modification of his or her alimony obligation or award. Whether that request is granted by a court will ultimately depend on a variety of factors, but the filing party must demonstrate to the court that there has been a substantial change in circumstances warranting a modification. In order to convince a judge that the change is substantial, the change must be of a more permanent nature. In other words, a temporary loss of employment will likely not be sufficient to warrant a reduction of one’s alimony obligation. Nor will a voluntary reduction of income achieve the desired reduction in alimony.
Ultimately, it is the burden of the party seeking the modification to prove that a substantial change has occurred. If you believe you have experienced such a change in your financial circumstances and you are entitled to a change in the alimony you are paying or receiving, be sure to consult with an attorney to discuss your options. Birz Law, LLC is dedicated to getting you the results you are looking for.