30 April 2013 0 Comments

Once the divorce is over and the alimony has been agreed, you’re done. Or are you?

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While most alimony agreements are considered to be permanent, there are situations which would allow for a modification.   Many life changes, such as loss of a job, health issues, or the inability to pay the alimony, or the change in need for alimony can lead to an alimony  modification. You will need a qualified divorce attorney who can help you seek post-judgment modifications for child support or alimony.

Just because a party has modified a support order once, it does not mean they are ineligible for a second or even third modification. Especially in these hard economic times.  With many  people losing their jobs, receiving unemployment or taking substantial pay cuts, modifications can be helpful.  Any of these can be valid reasons for modification, whether raising or lowering alimony support payments.  However; a temporary economic hardship would not be a reason for the court to issue a modification.

If your divorce has been settled for some time, but the financial situations of one or both of you have changed, you may need to re-visit the alimony support payment agreement. Examples such as the payee receiving a significant increase in income, or cohabiting where their expenses are being provided for by another person, or re-marriage  are possible reasons for a modification. If the former spouse quits a job or seems to have been purposely fired there would be no basis for modification.

It is imperative that you contact your family law attorney as soon as you believe you may have grounds for alimony modification. The courts recognize that situations in life change.  A number of factors will be considered.  It is important to realize that the petitioner has the burden of proof.  Be sure you and your divorce lawyer have gone over your circumstances thoroughly to have the best chance for an alimony modification.

At Holstrom, Sissung, Marks & Anderson, we are committed to fair application of the rules of alimony in divorce proceedings throughout Orange, Riverside and San Bernardino Counties. Our knowledge of the guidelines, the ambiguities, the special circumstances and the individual concerns associated with spousal support calculations are all important in protecting your rights and interests.

For a free telephone consultation — call any of our three Southern California office locations directly or, contact us online to schedule a call today.

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