In a divorce, the court determines whether there is a need to award alimony or spousal support, the amount to award and who receives it. The court usually awards alimony to the spouse it determines to be financially dependent on the other spouse during the marriage. This can either be the husband or the wife.
The judge sets alimony for a specific duration or permanently, depending on the relevant factors of the case. Substantial changes in either spouse’s conditions may prompt the court to modify the support payments.
What to do if an ex-spouse’s living conditions have changed
The process generally starts with collecting evidence and documenting those changes. You need to demonstrate that your ex-spouse’s or your condition has changed “substantially” to warrant a change in the terms of alimony.
The strength of your argument and evidence can help you modify the original alimony order.
Alimony modifications are a two-way street
Either the dependent or the supporting spouse can request a change in the support order terms. If the dependent spouse requests the change, they may argue that an increase in support is necessary due to rising cost of living or new medical expenses.
If the supporting spouse seeks modifications, some of their arguments could be that the dependent spouse has entered a new relationship or accuse the dependent spouse of voluntarily refusing to work, which they must prove.
Alleging bad faith to request a court to impute income can be an uphill task and requires compelling evidence that the other party can earn income but refuses to do so.
Can you reimburse lump-sum payments?
You cannot reimburse or return lump-sum payments since they are one-time awards. Choosing to pay in a lump sum instead of monthly also means forgoing the ability to change the terms of the alimony.
If you have other questions or concerns, a legal professional may be able to provide you with more information on how to proceed with your case.
