Let’s Modify that Alimony Payment

If you’ve been faithfully paying your alimony payments for years, but you feel the squeeze now because of changing circumstances, you may very well be able to modify those payments!

When is a Modification in Order? 

Circumstances change all the time, and sometimes they really do justify alterations in court-ordered maintenance. What if your ex wins a $10 million lottery?  Well, while that’s probably not very likely, there are certain changes that could mean a change is needed. Remember, the court wants both parties to have the means necessary to live. That means both the payer and the recipient. So what might realistically trigger changes?

A change in your income:  A job loss, a lesser paying job, retirement— all of these issues would have a dramatic impact on your ability to continue making the same spousal support payments.

A financial emergency: Did your house burn down? Were you involved in an accident that will have you hospitalized and strapped with horrendous medical bills? Unanticipated emergencies that hit you in the wallet could reduce your alimony obligations.

Relocation: If you have had to move as part of a job requirement, it could reduce your ability to make the same level of payments to your former spouse.

You have a new child:  The original spousal support requirements were based on the circumstances at the time.  If your life has changed significantly, resulting in larger financial obligations, it may be a justification for an adjustment to alimony.

Your ex remarries or cohabitates: If your ex has a substantial change to their income because another adult is helping to support the household, it could mean alimony is no longer required to maintain a decent standard of living.

Your ex can now earn a good living:  When you first split, maybe your ex required support in order to get training or look for a job. But if they are now making a good living, there may be no reason for them to continue relying on spousal support from you.

What’s Required to Modify Payments? 

If you’re the one looking to change the payments, it’ll be your responsibility to prove a modification is warranted. That will require documentation of the changes that have occurred. A successful modification will result in a modification to your divorce decree, which is essentially a legal amendment laying out the new terms.

Have Things Changed? 

If circumstances have changed to a significant degree, a modification of your alimony payments may be in the cards for you. To discuss, schedule a confidential consultation with the knowledgeable divorce attorneys at Courtney & Mills in our Springfield office today.

Source:

revisor.mo.gov/main/OneSection.aspx?section=452.370