When courts issue spousal support orders after a divorce, the order represents what the judge believes is fair and equitable at the time. Later, circumstances may change to the point that the order is no longer fair or workable.
Courts may amend a spousal support order when either party can prove that a substantial change in circumstances merits it. Seeking or defending a request for modification requires legal experience and skill. Consider partnering with our reliable alimony attorneys to help with Fairfield spousal support modification.
Multiple factors influence a judge’s decision to award spousal support. When there has been a significant change to these considerations, it can justify a modification to the order. However, the party requesting the change must prove a substantial shift in circumstances.
For example, the value of a spouse’s property from the marriage can influence a spousal support award. A judge might order alimony for a spouse with little separate property. If that spouse later receives a significant inheritance from a parent, they may no longer need spousal support.
Spousal support is only awarded if the paying party has the means to continue supporting their former partner. When a paying party experiences a significant financial setback, a modification of an alimony order may be appropriate. A Fairfield attorney can advise a paying party whether a change in circumstances is sufficient to justify a request to modify a spousal support order.
Occasionally, parties will negotiate a lump sum spousal support payment. Typically, this payment is made at the time the final divorce decree is issued. No subsequent modifications are possible when the divorce decree provides that alimony is paid in a lump sum as that is considered a property settlement.
The obligation to pay alimony ends upon the remarriage of the recipient. When a receiving party cohabitates with another person, a court has the discretion to terminate or modify the alimony obligation, according to Connecticut General Statutes 46b-86(b).
A party wishing to modify the spousal support order must bring a petition showing that the recipient is cohabitating with another person. The judge would probe whether the cohabitation arrangement substantially improves the recipient’s financial circumstances. If so, the court could modify or terminate the spousal support order.
These situations sometimes lead a paying party to engage in self-help and refuse to pay spousal support to a recipient who is living with another person. This is unwise and could lead to a contempt order. The responsible strategy is to engage a Fairfield attorney to seek a modification of alimony on the basis of cohabitation.
Sometimes, the parties agree that changing a spousal support order is appropriate. In such cases, they can negotiate a modification and submit it to the court for approval.
When spouses agree on a support modification, a court reviews their agreement to determine whether it is equitable under the circumstances. Typically, a judge will approve a modification with both parties’ consent.
Parties can negotiate a modification directly with each other or work with a mediator. It is always wise to ask a Fairfield lawyer to review a proposed spousal support modification order before submitting it to the court.
Spousal support can be a lifeline for a financially dependent spouse, but sometimes circumstances require a change to the current order. Because of this, paying and receiving parties can request modifications in court.
Consult an experienced lawyer about Fairfield spousal support modification issues. Reach out now to schedule a meeting with a hardworking and well-versed family law attorney.