Divorce Lawyer Jacksonville: Post Judgment Alimony Modification
You may have had alimony ordered in your final judgment of dissolution of marriage, and may have been paying for months or years, then you lost your job or got sick and cannot afford to pay the alimony anymore. Or, you may have found out that your ex-wife has moved in with another man or remarried. A divorce lawyer Jacksonville can help you with a downward modification of alimony if you find yourself in any of these situations.
Divorce lawyers in Jacksonville FL ask you about your finances and other situations to determine the best way to request that the court orders a lower alimony amount or stops the alimony completely. If you suffered a decrease in income because of the loss of a job or illness, you must be able to show you did not quit your job or get fired on purpose just to get out of paying alimony. Divorce lawyers Jacksonville will help you show the court that the loss of your job was legitimate, which is often the case, especially from 2008 through 2011, because of the economy.
A Florida court does not have a formula to figure alimony, as it does with child support. Divorce lawyers in Jacksonville FL will explain that alimony is based on several things, and most of those things are financial, and is at the discretion of the court:
- The length of the marriage
- The physical and emotional situation of each party
- The ability for the payer to pay
- Whether the receiving party actually needs the alimony
- The amount of non-marital assets awarded to each party in the divorce decree
- Whether the receiving party worked during the marriage
- The contributions to the household by both parties
A divorce lawyer Jacksonville will explain to you the various requirements, which are dictated by statute.
Previous law stated that alimony stopped completely if the receiving party remarried. That was a large incentive for the receiving party to just live with the new partner. Divorce lawyers Jacksonville will explain that in recent years, Florida’s statutes changed to include a non-married alimony receiver living with a new partner. Divorce lawyers Jacksonville will explain that there are certain requirements that the receiving party must meet in order to be considered living with someone. If your ex-spouse is living with someone that means that someone is contributing to your ex-spouse’s support and doesn’t need support from you.
Divorce lawyers in Jacksonville FL will require you to complete a financial affidavit, as this is required by the court to apply for a modification of alimony. You may also have to provide “discovery,” the same process you went through during your divorce. Your ex-spouse is also required to file a financial affidavit and to provide discovery, as both your financial situations have changed. Divorce lawyer Jacksonville will help you through and explain this process, and advise you of which documents you must produce to prove to the court that your reduction in income or your ex-spouse’s actions entitle you to a reduction or abatement in alimony payments.