Changes in Need and Changes in Ability to pay (alimony)
- September 7, 2016
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In a marriage of two, there is sometimes one spouse who holds the economic upper hand over the other. This economic upper hand may or may not be up to the level of disparity. Yet, if two people are in a relationship and one of them is the bread winner of the family, then the other may face financial uncertainty in their future if they decide to call it quits.
To eradicate an underlying fear of economic fear and enabling the spouses to make decisions about the future of their relationships, there is a concept of Alimony payments. This is also referred to simply as spousal support. These are payments made by the economically established spouse to the other spouse to help them survive post-divorce.
Alimony payments are decided alongside the rest of the Divorce case. Yet, as your Jacksonville divorce attorney will tell you, this alimony is not always set in stone. There can be modifications in the order on two distinct grounds; (1) a change in need of the spouse getting the alimony payments, and (2) a change in the ability of the spouse making the payments.
Changes in Need
The first section of modifications concerns itself with a change in the need. This refers to the need of the ex-spouse getting the payments. A case is decided by taking into account certain facts of the case that were prevalent at the time. Yet circumstances can change, one can get injured, get terminated from their job, or become involved in a supportive relationship, etc. All of which can result in the modification of the alimony payment.
If the spouse making the payment feels that there has been a substantial change of circumstances in the need of the spouse being granted the alimony payments, they can make use of their Jacksonville divorce attorney to seek a modification order. The same can be done by the spouse receiving the payments if they feel that their situation has changed and they are in need of a greater share of alimony.
The law is not rigid in Jacksonville. The courts and the Judges understand that it is hard for two people to find themselves in the same financial situation for their lifetime. This is why need based changes in Alimony can be made at any time after the divorce ruling has been passed.
Changes in Ability to Pay
This section of modification refers to the spouse making the payments. If there is a situation where the spouse who’s being required to make the alimony payments experiences a significant change in their income, they may contact a Family Lawyer in Jacksonville to have their payment amount modified. Vice versa if a spouse receiving the payments believes that alimony payments they were granted is less than what should have been awarded owing to the current ability of the spouse to pay, they may also make use of a Jacksonville family lawyer.
If you are looking for a Family Lawyer in Jacksonville Fl to take up your modification of an alimony case, contact us today!