How to Justify an Increase in Alimony
For the court to consider an upward modification in alimony, there would need to be some change in your circumstances that makes your financial situation worse. However, an increase in your former spouse’s income may also be a factor.
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, and / 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.
Why Is a Lawyer Needed for Alimony Modification?
When you receive alimony or spousal support, the experienced attorneys at Miller Law Group, P.C. offer a careful analysis of your situation and present you with all of your legal options and the best legal arguments. After discussing the options with you and deciding on the most effective course of action, we will be your partner as we tenaciously represent your best interests—either advocating for an increase in alimony or defending against it.
Call us at (508) 502-7002 or contact us online to schedule your free, no-obligation consultation. There may be other situations that would help justify a change in your alimony agreement; therefore, it is wise to consult with a Massachusetts alimony modification attorney.