Modification of Alimony
When you are awarded a Divorce, the Court accept the situation for child and spousal as well as items based on the financial situation of the spouse at that moment in time. However, people’s financial situation does changes over time. One of the spouses can lose a job, have a reduction in income, become disabled and cannot work, inherit a lot of money or come across a lot of money due to job promotion, etc. where the original order of the divorce are not fair or reasonable in that particular case. The Soubra Law Firm can help you with modify your alimony if the case is sufficient.When Can I Modify Alimony due to Original or Previous Court Order?
In order to modify alimony, you must have a good reason to modify alimony. If you do not want to pay alimony or save more money for retirement, are not sufficient reasons to modify alimony in the eyes of the court. Only way to modify alimony is to prove that there is material change in circumstances like in the following:
- Your wages have decreased or increased by more than 25%.
- Your ex-spouse’s wages have increased or decreased by more than 25%.
- Your child’s financial status has decreased or increased due to disability status, child is older, or change in the child’s health.
- One of the parties inherits money.
- One of the parties loses their employment.
- One of the parties has reason to believe the original order was based on concealment or fraud where the alimony can modifiable can be retroactive.
- Your child’s safety or health is conceivable.
If a person is seeking a modification of alimony, the court examine changes to you and your ex-spouse’s financial circumstances and will not look at facts which includes the child’s circumstances. If you want to pursue an action to modify alimony, you should seek someone who has experience to guide you through the legal process in modifying alimony. Remember, alimony is modifiable unless agreed to otherwise which both in duration and amount if justice and circumstance require. Furthermore, if the parties determined the amount of alimony, the parties can enter into an agreement to have alimony modifiable or non-modifiable.Can You a Party Change Non-Modifiable Alimony?
The answer is probably not. If the parties enter into an agreement that the non-modifiable alimony, this clearly shows that the court is removed from the process to modifiable the alimony structure at a later point in time. The parties can make changes to the agreement, but if no agreement, the Court normally cannot change non-modifiable alimony.If my Ex-Spouse Lost His Job, can I Continue to Receive Alimony Payment.
Remember, alimony is ordered by the court, when a material change of circumstances exist, either spouse can request from the court to modify alimony with regards to the current parties’ situation. If a party is ordered to pay alimony which his or her financial circumstances have changed that makes him or her unable to pay for alimony, then that person can seek to request a modification of alimony. The court can review your petition to modify alimony if the party who is seeking to modify alimony can prove a material change in circumstances. However, if in the agreement that the parties agree the alimony is non-modifiable, it is highly unlikely to modify alimony through the court. The court will not have the power to modify the alimony because it was agreed by the parties to revisit the issue at a later point in time.If I Remarry, can I Still Receive Alimony?
No. However, the parties agree that is a different story. Alimony can terminate if either party dies or the party who receiving alimony gets remarried, or court rendered it as necessary to avoid inequitable and harsh result.If I am an Alimony Recipient, do I Have to Claim As Income for Purposes of Taxes?
Before January 1, 2019, alimony was taxable income for the recipient and deductible for the payor in Maryland. After January 1, 2019, like for child support, alimony orders and agreement should be characterized as tax neutral. Alimony payment is not deductible and alimony payment does not generate a tax obligation for the recipient.Is it a Good Idea to Keep All Records With Regards to Alimony Payment?
Yes, it is an excellent idea to keep all records with regards to alimony payment such as bank statements showing direct deductions/deposits or cancelled checks. If enforcement of alimony becomes an issue having records showing payments have been made would be very helpful for you and your attorney.