how a lawyer can reduce spousal support payments

Contact a Knowledgeable Attorney to Reduce Your Support Payments Today If you cannot keep up with your spousal support payments or your former spouse’s situation changed so substantially that you believe the order should be modified, you need to retain skilled legal counsel to petition the court for a reduction.

Full Answer

How can I reduce my ex wife's alimony payments?

The good news is that you can ask the Court to reduce alimony you pay if she doesn’t need as much money anymore. You can file a request to modify. You then can subpoena from her employer records showing her income. Both you and she will file financial affidavits.

What happens if the supported spouse's income increases?

the supported spouse has experienced an increase in income. The change in circumstances must be significant though—a judge won't grant a reduction based on a minor adjustment to either spouse's income or other financial resources.

When to ask for a reduction or suspension of alimony?

Your physical health has declined and your ability to generate income has decreased as a result. If the income loss is temporary considering asking for a temporary change or suspension of your alimony. If however, all signs suggest that you’ll permanently make less money than ask for a permanent reduction or end of your alimony.

How do I file a motion to decrease alimony?

Generally, when you file a motion to decrease alimony, you submit documents that detail your financial information, including income (if any), expenses, assets, and debts. Your ex spouse will have to do the same along with the response to your request. You can usually find links to the documents you need to file on your local court's website.

What factors affect spousal support?

5 Factors Considered When Calculating Spousal SupportThe Ability Of Each Spouse To Become Self-Supporting. ... Educational Contributions To The Other Spouse's Education. ... Each Spouse's Salary And Earning Capacity. ... The Existence Of Marital Misconduct. ... The Standard Living During The Course of Marriage.

How do you get around spousal support?

9 Expert Tactics to Avoid Paying Alimony (Recommended)Strategy 1: Avoid Paying It In the First Place. ... Strategy 2: Prove Your Spouse Was Adulterous. ... Strategy 3: Change Up Your Lifestyle. ... Strategy 4: End the Marriage ASAP. ... Strategy 5: Keep Tabs on Your Spouse's Relationship.More items...•

What is the highest spousal support?

Top 10 Highest Alimony PaymentsAmy Irving & Steven Spielberg — $100 million.Kevin Costner & Cindy Silva — $80 million. ... Kenny & Marianne Rogers — $60 million. ... James Cameron & Linda Hamilton — (more than) $50 million. ... Michael & Diandra Douglas — $45 million. ... Ted Danson & Casey Coates — $30 million. ... More items...•

How do I get rid of spousal support in California?

In California, petitioning the court for a modification or termination of a spousal support order requires a Request for Order (FL-300), and Income and Expense Declaration (FL-150), and a Declaration (MC-030), which requires an explanation for the termination.

What is a non working spouse entitled to in a divorce?

What is a non-working spouse entitled to in a divorce? A non-working spouse is entitled to receive alimony payments from their ex-spouse and can acquire up to 50 percent of property. However, this depends largely on whether they are voluntarily or involuntarily unemployed.

Can alimony be changed after divorce?

Can my alimony order be changed after the divorce? Alimony may be modified if there has been a change in circumstances. The party seeking the modification must return to the court that granted the order to file for the modification.

Can I get more alimony if my ex husband remarries?

Spousal support after remarriage may be affected if the spouse receiving support cohabits with or marries someone else. However, this isn't always the case. It depends upon the past and present circumstances of both ex-spouses and (to a lesser degree) the contribution of the recipient spouse's new partner.

What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

What is a wife entitled to in a divorce settlement?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

Can spousal support be modified in California?

Either spouse has the right to ask the court to modify the order for spousal support. However, the courts do require a valid reason to make the modification.

Can you waive spousal support in California?

Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony.

How long do you have to pay spousal support in California?

In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.

Change In Circumstances

If the settlement agreement or alimony order doesn't specify a timeframe for when alimony can be modified, then both spouses have the option to file a request with the court to ask for a change to the order.

Vocational Evaluation

Some ex-spouses prefer to keep their same role as a homemaker or stay-at-home parent despite having the educational or vocational qualifications to secure a full-time, paying job. If you are paying spousal support and your ex intentionally works part-time, a minimum wage job, or doesn’t work at all, then you can request a vocational evaluation.

How to convince a judge to reduce alimony?

In order to convince a judge to reduce (or even terminate) alimony, the paying spouse must demonstrate a significant change in the financial circumstances of one or both spouses, such as: the involuntary loss of a job or wage reduction. an illness or disability that prevents the paying spouse from working.

What to do if you can't afford alimony?

If you find that you simply can't afford alimony, and you can't reach an agreement with your ex, you'll need to ask a court for help. Although many courts are temporarily closed in order to reduce the spread of COVID-19, some family law courts are still hearing emergency requests.

What happens when alimony ends?

when alimony ends—this might be a specific date or be connected to an event, like the supported spouse getting remarried. when alimony can be modified (changed)—for example, if the paying spouse becomes unemployed, or. that alimony is nonmodifiable, which means alimony can't be increased or decreased for any reason.

What are the terms of alimony?

Alimony agreements and/or orders may contain other specific terms, such as: 1 when alimony ends—this might be a specific date or be connected to an event, like the supported spouse getting remarried 2 when alimony can be modified (changed)—for example, if the paying spouse becomes unemployed, or 3 that alimony is nonmodifiable, which means alimony can't be increased or decreased for any reason.

How to get alimony if you can't agree?

If a court accepts the reduced amount, a judge will issue a new alimony order. If you can't agree, then you'll need to ask a court for help.

Can a judge backdate a support order in California?

In California, Emergency Rule 13 allows judges to backdate a support order to the date the requesting spouse mailed or served the request on the other spouse, rather than the date the request was filed with the court.

Can you reduce alimony if you served your ex?

This means that even if there is a delay in filing or deciding your request to reduce alimony, a judge can make the reduced support amount retroactive to the date you served your ex. Be sure to keep your proof of service on your ex to show the court.

What if your ex-spouse's living expenses have actually decreased?

What if your ex-spouse’s living expenses have actually decreased? For example, you ex-spouse moves out of the condo in Downtown St. Petersburg away from the city and finds comparable housing in Hernando County? Now, all of her living expenses are significantly cheaper. And your ex has made it clear this is a permanent move. If you can show that the reduction in living expenses is permanent you have the ability to seek a reduction in your spousal support obligation. However, if the move by your ex is only temporary, the court will not change the alimony amount. Another example of decreased living expenses is when your ex is living full time with a significant other. Similar to a cohabitation argument, the contribution to joint expenses on a regular and recurring basis can justify reducing support.

Can you reduce alimony if you inherit?

To the extent that the inheritance reduces your ex’s living expenses, you may be able to reduce your alimony. 5. Payee Spouse Receives A Substantial Gift Or Award. Likewise, if your spouse gets a substantial gift or award you may be able to reduce alimony payments.

Can a spouse terminate alimony?

The law allows the payor spouse to terminate or reduce his alimony obligation if he can show that a supportive relationship exists between the payee spouse and a new significant other. The burden is to prove your case “more likely than not”, or 51% more likely.

Can you get disability after divorce?

Nobody plans for a disability. Disabilities that arise after a divorce are almost always substantial and unanticipated. That means the doors are open to a modification. Ideally, you begin the Federal or State disability process at the same time as the alimony modification.

Will alimony be rolled back?

That’s because the alimony deduction will be rolled back with the new law.

Do you have to liquidate your IRA to pay alimony in Florida?

With that said, you don’t have to liquidate your retirement to pay your alimony obligation.

Can you get alimony if you remarry in Florida?

Florida requires as a matter of law termination of alimony if the person receiving alimony gets remarried. Of course, many spouses receiving alimony are wise to this rule. They try to backdoor the rule by simply living with their significant other without remarrying, which leads to the next reason on your list: 7.