For the court to consider a modification in alimony, whether a decrease or an increase in payments, there would need to be some change in your circumstances that significantly changes your financial situation. For example, an increase in your former spouse’s income may also be a factor.
When you receive alimony or spousal support, Miller Law Group, P.C. offers a careful analysis of your situation and presents you with a custom-tailored legal solution. Every legal problem is unique, and you deserve a firm that approaches it with more than a one-size-fits-all approach. After discussing the options with you and deciding on the most effective course of action, we will be your partner as we represent you with the goal of reaching a fair agreement with your spouse.
Call (508) 502-7002 to schedule your free consultation. There may be situations that would help justify a change in your alimony agreement; it is wise to consult with a modification attorney.
Modification to Increase Alimony Payments
When you or your former spouse experiences a change in financial circumstances, you may seek a modification to the alimony agreement to increase the amount you receive. You will need to persuade the court that you have a legitimate need for greater alimony payments and that your former spouse has the means to provide it, or that your former spouse now earns more so should pay more.
To seek an increase in alimony, you may need to prove:
- You received a decrease in income
- You were demoted
- Your former spouse was promoted
- Your former spouse received a raise
How to Defend Against an Increase in Alimony
If you are paying alimony, you would likely want to argue against any increase.
The most common arguments are that:
- The changed financial circumstance is not sufficient enough to warrant an increase;
- The recipient caused or contributed to the changed financial circumstance; or
- Your own financial situation has declined significantly.
How to Justify a Decrease in Alimony
We are well-versed in alimony law and the Massachusetts Alimony Reform Act. We know how to convince the court to reduce alimony based on changes in your circumstances given our experience with local courts and judges. To receive a decrease in alimony, you must prove there was a significant change. This change must affect the supporting spouse’s ability to pay or the receiving spouse’s marital or living status. There are specific situations that would warrant a decrease in alimony. A judge will determine if the change is enough to grant a modification.
The court may grant a decrease in alimony if:
- The payor lost his or her job
- The payor received a decrease in pay
- The payor was demoted
- The payee remarried
Factors That Determine Alimony
Alimony is a complex process of determining an appropriate amount of financial support in the wake of a divorce.
Per Massachusetts family law, some of the factors that determine how alimony is decided upon:
- Length of marriage
- Health and age of the spouses
- Conduct of the spouses during the marriage
- Each spouse’s ability to acquire future assets or income
There are more than 20 different factors—and each is simply one of many. At least in theory, no one factor should completely decide the case; however, every judge is different. Some judges will place more importance on some factors.
Trusted Massachusetts Alimony Lawyers
The attorneys at Miller Law Group, P.C. know what the particular judges tend to put importance on, and how he or she often makes decisions. This helps us create a custom-tailored case for you, while also framing it for success in the specific court your case is being heard. If you’re considering going back to court to have your alimony obligation reduced, you need a plan and Miller Law Group, P.C. is ready to help you make one.
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