How to Modify Alimony and What to Avoid
Posted By Givens Givens Sparks || Feb 1, 2016
When the divorce process is over and both individuals go their own way, they must adhere to a divorce decree. This court-ordered document outlines a number of factors that were resolved during the divorce process such as any issues concerning child support, property division, and more. One of the factors that is decided is alimony. This dictates an amount that one party must pay to the other based on a number of factors in order to help the receiving spouse maintain the way of life to which they are accustomed. While there are some instances in which alimony may be permanent, it’s important to know that there are times where the order can be modified. At Givens Givens Sparks, our Tampa divorce lawyers explain how you should modify alimony and the common pitfalls people you should avoid.
Filing a Petition
Before you can modify your alimony payments, you must file a petition showing that there has been a substantial change to warrant the modification. It is important to show that as the paying spouse, you are unable to make the same amount of payments for reasons such as a demotion at work or loss of employment.
Hiring an Attorney
Many individuals fail to realize the importance that a lawyer has in their case. They often try to navigate these matters on their own and don’t provide the proper information to seek a modification. This can result in the petition to be denied. By having an attorney on your side, you will know which ways to successfully petition for a modification in alimony.
Don’t Negotiate with Your Ex
Many people feel that by simply talking things over with their ex-spouse and “agreeing” to pay less, they can modify their court order. This is not the case. The trial court has discretion regarding alimony modification and the only way to make it legally binding is to go through the process. A verbal agreement with your ex-spouse won’t protect you in the future.
If you are looking to modify your alimony, call our firm today. We are ready to help you get through the difficult process one step at a time.