Modification of AlimonyMost divorce cases are complicated to begin with. There are so many factors to consider in a divorce case. Collaborative divorces, contested divorces, military divorces, custody battles, financial settlement, division of properties and alimony amount. Some divorce cases drag for years when one or both couple can’t agree on a settlement. Divorce cases can be stressful and time-consuming and assistance of an experience attorney can be of great help.
One aspect of divorce cases that can get complicated is the modification of the alimony amount. If you are in Tampa, Florida and need assistance with an alimony modification case, a law firm with experiences in such cases might be of great value.
The Reasons for Alimony Modification
The need for modification of alimony amount can be due to many reasons. The loss of income of a spouse or a change in financial circumstances of a spouse could lead to that spouse apply for modification in alimony. The loss of income of a spouse to whom alimony amount is paid could be because of loss of job or sickness that makes them unable to continue with their job. The reasons for alimony modification can also be filed by the spouse who is paying the alimony. When the financial circumstances of the alimony-receiving spouse changes for the better the paying spouse could ask the court to review the alimony. Or if the alimony-paying partners are not able to pay the amount due to changes in their financial situation, then this is also a valid reason to modify an existing alimony amount. The alimony amount calls for modifications if the alimony-receiving spouse now is dependent on another for their financial needs. This could be because of cohabitation with another who is not a member of their family or another marriage.
The Laws Concerning Alimony Modification
The state of Florida follows quite progressive laws when it comes to alimony amounts. The law in Florida is favorable to both the recipient of the alimony as well as the spouse who pays the alimony. When the alimony amount is first determined, it is calculated by assessing the needs of the recipient as well as the capacity of the paying spouse. Paying partners can’t pay an amount that might be detrimental or impossible for them. But having decided on an amount during the divorce, it is the right of one or both spouses to ask for a modification in the alimony amount due to changing circumstances of one or both spouses.
Since 2005, Florida residents have access to a law that makes modified alimony cases easier to fight in court. This new law has also made the ruling easier for the judges who previously had no guidelines to determine such cases that favored the petition if their need or concern was genuine and truthful. This new law calls for cancelling the alimony amount if the recipient has entered into a supportive relationship. To this end, the court seeks information such as the duration of the cohabitation, the new financial arrangement between the alimony recipients and their new partners etc.
If you have any questions about modification of alimony in Tampa Florida or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.