(801) 254-9450 In a divorce, the judge has the power to order one spouse to make financial payments to the other after the marriage is dissolved. The court mandates this spousal support, and both parties must follow the terms of the order exactly. However, circumstances can change, and there is an option for requesting a change to the terms of the decree.
If you believe your current alimony arrangement is unfair, a dedicated family law attorney may be able to help. You may file a motion to raise or lower payments if you can show that changes in your life require it. Let our South Jordan spousal support modification lawyer ensure you are treated fairly.
Judges will not alter existing alimony orders in South Jordan without a good reason, so it can be helpful to secure the assistance of an attorney. There must be a material change in circumstances for a judge to consider modifying the order, for either party.
Different situations may qualify as a material change. For example, the receiving spouse may have remarried and may no longer be dependent on the paying party. Payments might also be altered if the paying spouse receives an unexpected sum of money or loses their job. Other examples include:
The parties can also alter the terms by agreement, which is not uncommon.
Even after a material change in circumstances, a spouse cannot stop making payments or send less than the required amount each month. Only the court can alter the terms of an existing order, and failure to comply can lead to legal consequences.
There are two options for making this change, and your approach depends on whether you and your spouse agree. If there is no dispute over modifying the alimony obligation, you can submit a written agreement to the court and request a change. The court is likely to agree if both sides are on the same page.
The other option is to file a petition for modification. This is generally done when you and your former spouse disagree on the need for change. Our attorney in South Jordan could file a petition and still attempt to negotiate spousal support modification before a trial becomes necessary.
In some cases, the obligation to pay alimony ends without further involvement. For example, spousal support obligations end when the party receiving payments passes away or remarries.
It is still advisable to present this information to the court so the order can reflect the end of this duty. Even when the former spouse is still alive and has not remarried, there may be grounds to terminate the obligation if the former spouse is cohabiting with a new partner. Such causes for amending or terminating spousal support can be difficult to prove without the help of our South Jordan spousal support attorney.
If you feel the existing alimony order is no longer fair or reasonable, you could petition the court to alter the terms. We encourage you not to assume the court will deny your request or that you lack valid grounds for modification. It is always recommended that an attorney take a look at your material change in circumstances and advise you in the right direction.
Contact our South Jordan spousal support modification lawyer with Carr | Woodall today for a private consultation.