When you think your alimony is not enough, you can consider asking for a modification. It is best to negotiate on the issue first to avoid court intervention. At this point, you and your spouse need to come up with the terms of modifying spousal support. Negotiation is one the easiest and fastest way to obtain a change in alimony.
Spousal support or alimony refers to the payments made after a divorce. It aims to help a spouse regain financial independence or recognize the contribution made during the marriage. If you receive payments that are worth it, you have to evaluate your needs and have a lawyer help you come up with a reasonable amount or increase in payments.
Legally Binding Agreement
The agreement can be legally binding or not. It is important to note that the spousal support modification is still valid even if a judge did not sign it. The document, however, is only legally binding and enforceable if a judge signs it. Divorce lawyers in Denver note that if a party disobeys the terms of the agreement, the other spouse can sue in the court.
Change in Circumstance
If you and your spouse cannot work on an agreement, the court will have to make the decision. Modification, for the most part, is acceptable if there is a significant change in circumstances. You must be reasonable and show the need for change. The court may increase payment if you lose your job, have a medical emergency, or acquired a disability that affects your ability to make a living.
Decrease in Payments
The party paying for alimony, however, may request for a decrease in payment if you cohabit or live with someone else. Spousal support may go lower if the one who pays become disabled or is facing a financial emergency, like a large medical bill. The spouse giving support may pay less if they remarry and have children.
Laws regarding alimony differ from state to state. It is always best to know more about the laws in your area or consult a lawyer. The right lawyer can assist you whether you are negotiating or bringing the modification request in court.