When you and your spouse go through a divorce and one party is awarded alimony payments, it is often a contentious matter. The paying spouse may feel like payments are too high, while the receiving spouse may believe them to be too low. However, these matters can grow even more contentious when the circumstances of one spouse change and they need the payments changed. If this is the case and you need spousal support modified, this blog explores how alimony is determined and what steps you can take with the help of Los Angeles spousal support attorneys if you need your payments adjusted.
How Is Alimony Determined?
There is a common myth in divorces that the lower-earning spouse will automatically receive alimony. In reality, if a spouse wants support, they must request it when filing for divorce. If the couples cannot agree on the proposed spousal support amount, they must then let the court handle this matter. There are a considerable number of factors the court will examine to determine if spousal support is necessary. These include, but are not limited to, the following:
- The age and health of each party
- The income and earning capacity of each party
- The standard of living established during the marriage
- The marketable skills of each party and whether any training or education would be necessary
- If one spouse put their career on hold to support the other
- Whether or not there are instances of domestic violence
- Tax consequences to each party
Can I Ask For My Spousal Support to be Modified?
When your circumstances change, you may worry about your ability to make spousal support payments. For example, if you lose your job or are diagnosed with an injury, illness, or disability that impacts your ability to make payments, it’s important to understand what your legal options are.
Generally, if you lose your job, the courts will examine the reason why. If you violated company policy or purposely left your employer to avoid paying alimony to your spouse, the courts likely will not modify your support order. However, if you have been out of work for an extended period but can show you are making efforts to seek employment, they may be more willing to grant this change.
Another reason your support order may be modified is because your ex-spouse remarries or cohabitates with a new partner. If this occurs, the court will terminate your obligation to make payments.
It’s imperative to understand that if your circumstances change, you cannot stop making support payments unless granted permission by the court. This is because you would violate your court order. As such, you’ll need to file a petition to cease or alter payments before making any changes.
When you need assistance during these complicated matters, the Zitser Family Law Group, APC is here to assist you. We understand how frustrating it can be to continue making payments when your circumstances have changed, so we are dedicated to representing you in these matters. Connect with us today to learn how we can guide you through these challenging times.
