Modification of Alimony Amount

Upon the happening of a material change in circumstances of one or both parties after a divorce, periodic alimony may be modified. The burden of proving the material change is on the Petitioner and factors to be considered include, but are not limited to, the following:

*The remarriage of the paying spouse;
*The receiving spouse’s employment since the divorce;
*The financial status and needs of the receiving spouse;
*Whether the receiving spouse is presently capable of self-support;
*The ability of the paying spouse to respond to the former spouse’s financial needs;
*Whether there are dependent children;
*Whether alimony was originally agreed upon;
*Whether there has been a material change in the financial situation of either, or both, of the parties;
*The health, age, and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce;
*The length of time separating the initial alimony award and the modification hearing; and,
*Any other material and relevant circumstances as disclosed by the evidence in a particular case.

Not every one of the above factors are of equal importance and each case is decided on its own facts. It is important to note that in a situation where the payor of periodic alimony files a petition to modify or terminate alimony and the recipient makes no request for an increase, the fact that the recipient is unemployed or underemployed is irrelevant.

If you have alimony questions, please let me know. I'm glad to help. JDF (205)912-8247

This post came from posts by Melinda Parks. To see the original posting follow this link: http://mjparkslaw.wordpress.com/