How to Achieve a Modification of Alimony

How to Achieve a Modification of Alimony

In order to have the alimony you are currently ordered to pay reduced or stopped altogether, you must file a petition.  This will allow for modification of your current alimony payments if the burden is met. If you believe you are eligible to stop paying alimony altogether, your attorney may file a Petition for Abatement. Your petition will be filed in court.  Depending on the rules of your local court, a modification may reopen your prior divorce case.  You may be required to institute a new action.

To reopen your original divorce case, your attorney may use the case number from your original divorce as well as the same style of heading.

If it is for a new case, you are petitioning the court for a modification of alimony and your former spouse is responding to that petition.

You will receive a new case number and will probably pay a filing fee.

Process

Your petition may be served on your ex through a process server or through a law enforcement official in your county. When the petition is served, a Return of Service will be issued, providing a record of when your ex-spouse was served. At this point, the receiving spouse has the right to file an answer to your petition or a counter-petition.  Then your attorney will be required to file an answer to the counter-petition, on your behalf.

Mandatory Disclosure

You will be required to produce financial disclosure documents to prove your case. You may have to produce bank statements, pay stubs, any other proof of income, or notice of a lay-off (if this is your reason for requesting a modification).

False Information Provided By Your Ex During the Divorce

If you are filing for a modification or abatement of alimony based on the fact that your spouse provided false information during the divorce which resulted in the alimony award, you will be required to produce documentation to prove such fraud. For claims of fraud, there is a specific time limit for filing for a modification of alimony.

Burden

The Florida courts require that to obtain a modification of alimony there must be a substantial change in circumstances since the original order of alimony.  This change in circumstances was not contemplated during the original proceedings and the change is “sufficient, material, involuntary and permanent in nature.”

Is a Decreased Ability to Pay Sufficient to Warrant a Modification of Alimony?

A decreased ability to pay may justify alimony modification so long as it is not voluntary, and it appears the change is more than short-term. In 1992, the Florida Supreme Court held that voluntary retirement on the part of the spouse paying alimony could be considered a change of circumstances that warranted reduction or termination of alimony. While the court did not specifically address the “allowable” age of retirement, they did indicate that retirement prior to age 65 would likely be presumed unreasonable. An improvement of the economic situation on the part of the receiving spouse may or may not warrant a modification of alimony.

Alimony Factors

The circumstances of both parties will be scrutinized to determine whether a reduction in alimony is justified. Suppose the receiving spouse’s income increased significantly, but so, too, did the paying spouse’s income. In such a situation, the court might not agree to a modification. On the other hand, if the paying spouse was making $60,000 per year at the time of the divorce while the receiving spouse was making $15,000, yet five years later the paying spouse was still making $60,000 per year while the receiving spouse was bringing in $45,000, this could be reason enough for the courts to approve a modification of alimony award.

Income is not the only factor; gifts, inheritance, and lottery winnings may also be considered when determining the outcome of a modification of alimony. Increased need—on its own—may not qualify for an increase in alimony, and expenses related to a subsequent marriage will also not support a modification of alimony.  If you are considering a modification of alimony it is recommended to consult with an experienced family law attorney to discuss the applicable law and all of your options.

If you would like to discuss the specifics of your alimony modification or need help with other family law issues call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esq.