Your divorce has been final for several years, and you are obliged to pay a certain amount of alimony. However, you are currently unable to pay the amount ordered by the court in your divorce decree. What can you do? Will it be possible to modify the alimony? Will it be possible to eliminate it? In today's blog we will be answering these concerns.
The first thing to note is that not all alimony orders between spouses can be modified. You must refer to the letter of the order to know, for sure, if it could be modified.
Second, once it is determined that the amount to be paid in alimony can be modified, it will be necessary to demonstrate that there is a substantial change in the circumstances that could not have been foreseen at the time of entry of the original judgment establishing the obligation of payment. This substantial change in circumstances can be of any of the ex-spouses, or even of one of them. Examples of these changes are increase or decrease in income, both of the spouse obliged to pay, and of the spouse who receives the pension; illness of the spouse obliged to pay, accidents, disabilities, among others. This list is not exhaustive, and the reasons can be varied; It will only be necessary to demonstrate that there is a substantial change in the circumstances in order to present the motion.
These changes in circumstances will not be taken into account if the decrease in income of the spouse who must pay the alimony or pension is due to the fact that he / she resigned from his/her job or changes due to decrease in income because the person who must pay the alimony was fired with cause. Neither will changes in circumstances caused by expenses associated with another marriage be taken into account.
To modify alimony or pension, it will be necessary to file a motion in court. This motion will have to explain the substantial change in circumstances, as we explained previously; and petition for a reduction in the amount to be paid, a reduction in the time in which it must be paid, and / or the total elimination of the payment obligation. While this procedure is pending resolution in court, the ex-spouse obliged to make the payments must continue to make them, until there is a court order modifying the obligation. If these payments are not made, even though the procedure is pending, the person obligated to make the payment could be found in disobedience by the court.
Ultimately, you could modify the alimony or pension with your ex-spouse without the need for court intervention, however, this is not always possible, as the parties do not reach an agreement. However, if the parties reach an agreement, it is very important that a judge memorialize this agreement through a new order, so that the person obliged to make the payment will be protected, in the event of a dispute in the future.
If you need help modifying your alimony or alimony between the spouses, call us today. The first consultation is free. In Y. Morejon Attorney, P.A. we can help you with your family case. Our attorneys strive to offer you the personalized attention that your case deserves. Here, your problem is our problem.
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