Tuesday, December 11, 2012

Modification of alimony/spousal support

Your divorce is over.  You receive an award of spousal support (or you are ordered to pay).  You begin your post-divorce life.  Then, it happens... the summons on your door.... your former spouse is seeking a reduction or termination of spousal support (or your former spouse is seeking an increase).   Suddenly, you have to deal with the past colliding with your present and impacting your future.  Understanding based on the documents of your divorce whether a modification can even be sought is also important. Modifications, if allowed, then require two findings:  (1) a material change of circumstances that (2) warrant an increase or decrease in support.  Understanding what documents and evidence is needed that relate to these two prongs is essential to putting together a strong modification case (or opposition thereto).   There are financial issues, health issues, relationship issues that may need to be considered.  Be sure you are taking proactive steps to have all the information so your situation can be evaluated and your future can be protected as much as possible.