Modifying Alimony Payments

Personal Injury Lawyer

After an alimony agreement is established, the intention is that the agreement will remain in place until its term is concluded. It may end when one former spouse remarries, or after a period of time has passed, or for another reason. However, as an alimony lawyer understands very well, the circumstances of one or both parties can change during the term of the agreement. Depending on the nature of the circumstances, it may or may not be a valid reason to modify the terms of the original arrangement. If you or your former spouse have grounds for changing the alimony terms, contact a law firm to speak with an alimony lawyer for a free consultation. It’s important to understand your rights in your current circumstances, and how a legal representative can protect your rights.

Common Reasons for Modifying Alimony Terms

It’s difficult, if not impossible, to anticipate any of the many reasons for why the terms of an alimony agreement need to be modified. Here are some of the most common scenarios in which an alimony lawyer has helped clients successfully petition the court to modify the original agreement:

·         A substantial drop in the payer’s income level. If the payer experiences a dramatic drop in income, they can petition for a reduction or elimination of alimony payments with the help of their alimony lawyer. However, there are caveats:

o   If the drop in income is because the payer quit their job and has not made an attempt to reenter the workforce, it will be difficult to convince a judge to modify the alimony agreement.

o   If the drop in income is temporary, it may be possible for your alimony lawyer to petition a judge to approve a temporary reprieve in your alimony payments. However, you may have to make that payment up after a pre-determined date.

o   If the drop in income is because the payer took a lesser paying job but is qualified to earn the original level of income, a judge may not agree to reducing the alimony payments.

·         A substantial increase in the recipient’s income level. If the payee now earns a substantially higher level of income as compared to when the alimony terms were negotiated, the payer can petition for a reduction or elimination of their alimony payments. Your alimony lawyer can review the financial details of your income and your former spouse’s past and current income to determine the likelihood of a judge approving the change in payments.

·         The alimony recipient remarries. Unless specified in the original alimony agreement, when the recipient remarries, it is very common for them to lose eligibility for alimony. However, though your former spouse may remarry, you must continue to make alimony payments until such time as a court approves their termination. If you cease making payments before then, you might be held in contempt of court for non-payment of alimony. If your former spouse is engaged, or has already remarried, contact a lawyer immediately. An alimony lawyer can provide you with the information you need as well as handle the legal necessities for terminating alimony payments.

If you have questions or concerns about alimony payments for any reason, contact a law firm to learn how a divorce lawyer in Flower Mound, TX can be of assistance to you.

Thanks to Scroggins Law Group for their insight into family law and modifying alimony payments.