Life doesn’t stand still after a divorce, and circumstances can change for both the paying and receiving spouse. Whether you’ve experienced a job loss, a significant increase in income, or changes in your ex-spouse’s financial situation, you might be wondering if your alimony agreement can be modified. The good news is that alimony orders are not set in stone, and California law allows for modifications under certain conditions. At Kendall Gkikas & Mitchell, LLP, we’re here to guide you through the process of modifying your alimony agreement. Keep reading for what you need to know from an experienced alimony lawyer in San Bernardino CA!
When Can You Request an Alimony Modification?
You can request an alimony modification if there has been a significant change in circumstances since the original order was issued. These changes must materially impact either your ability to pay or your ex-spouse’s need for support. Common reasons for seeking a modification include:
- The spouse receiving support no longer needs it
- The spouse paying support loses their job or is otherwise unable to afford payments
- The spouse receiving support remarries or enters a new domestic partnership
- The spouse receiving support is not making a good faith effort to become self-supporting
- Child support has ended
The court will review the specifics of your situation to determine if a modification is warranted.
How to Request a Modification
The process for modifying an alimony agreement involves several steps, and having a skilled attorney can make a significant difference in ensuring a favorable outcome. Here’s how the process typically works:
- File a Motion with the Court: To request a modification, you’ll need to file a motion with the court that issued the original alimony order. This motion should include detailed information about the changes in circumstances and why they justify a modification.
- Provide Evidence of the Changes: The court will require evidence to support your claim of changed circumstances. This could include pay stubs, tax returns, medical records, or documentation of your ex-spouse’s new income or living situation.
- Attend a Court Hearing: Once your motion is filed, the court will schedule a hearing where both parties can present their arguments. Your attorney will advocate on your behalf, explaining why the modification is necessary and reasonable. If your ex-spouse contests the modification, their arguments will also be considered.
- Await the Court’s Decision: After reviewing the evidence and hearing from both parties, the court will decide whether to approve, deny, or adjust the modification request. If approved, the new alimony terms will be reflected in an updated court order.
As you can see, the process is complex. That is why you need a knowledgeable alimony lawyer in San Bernardino CA to help you through the process and ensure the best outcome possible.
Contact Kendall Gkikas & Mitchell, LLP for Alimony Assistance
If you’re considering modifying your alimony agreement, don’t navigate the process alone! Kendall Gkikas & Mitchell, LLP has 31 years of experience and is here to provide expert legal guidance and support. Contact us today at 909-482-1422 to schedule a consultation with a knowledgeable alimony lawyer in San Bernardino CA. We’ll review your case, explain your options, and help you take the right steps to protect your financial future.
