When a judge grants an alimony order, it doesn’t always mean things are set in stone. The court can sometimes modify an order (or even terminate it) if you or your ex-partner’s circumstances change, which may work in your favor.
Whether you’re the paying or non-paying spouse, alimony modification in Connecticut can be difficult to get your head around. Working with a reputable family law attorney will clear up the confusion and ensure your rights are protected.
Find out more about alimony modification, when a judge might modify an order, and more.
Why Would a Judge Modify an Alimony Order?
Many things can lead to alimony modification. For example, a judge might change an order if the paying spouse loses their job and suffers a loss of income. In this case, they may pay less in alimony payments each month — or no payments at all.
Another example is retirement. If the paying spouse no longer works, a judge might not expect them to make future alimony payments and modify an order. However, they will typically need to prove they don’t have access to other income.
A judge will take into account the financial circumstances of both the paying and non-paying spouse before making any decision. This can involve lots of paperwork, so working with a reputable family attorney who understands alimony modification in Connecticut is always a good idea.
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When Wouldn’t a Judge Modify an Alimony Order?
Alimony modification might not be possible if an existing order has provisions that make it non-modifiable. In these circumstances, a judge’s original decision is likely final and can’t be overturned, even if a paying spouse experiences a significant change in their circumstances.
The court may also not be able to modify an alimony order retroactively. This means a paying spouse is usually still responsible for previous alimony payments if a modification is granted.
Whatever situation you find yourself in, you should seek legal advice from a professional. The right attorney can help you make sense of alimony modification in Connecticut and help you decide what steps to take next.
Applying for an Alimony Modification
If you want to modify alimony, you’ll need to file a motion with the court that originally issued the order. The burden of proof for a change in circumstances usually falls on the partner who requested the alimony modification. If there is a significant change, the judge will need to review the original alimony order in its entirety.
Say you’re the paying spouse and want to reduce your alimony payments because of a health condition that prevents you from working. You can provide documents such as medical records, tax returns, and bank statements to the court, as well as an explanation about why you believe you should pay less alimony.
After filing a motion with the court, both you and your ex-partner will enter a discovery period, where you exchange evidence and testimony to support your cases. For example, if you’re the non-paying spouse, you could submit evidence that proves your ex-partner still has the financial ability to maintain alimony payments.
At a hearing, a judge will review all evidence and decide whether to modify an existing alimony order or leave things the way they are.
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Is There an Alternative to Alimony Modification?
Mediation is a process that attempts to resolve disputes between former partners, including disagreements regarding alimony. While a judge will still need to approve a request for alimony modification, mediation may help you and your ex arrive at a settlement or agreement that is fair, lawful, and likely to be approved by the court.
The main purpose of mediation is conflict resolution. If you and your ex are arguing about alimony payments, this process can enable you to have an honest and open conversation with a neutral third party.
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What About Terminating an Alimony Order?
In some cases, the court can terminate an alimony order entirely, as long as the original order is not non-modifiable. This might happen if the non-paying spouse remarries or the paying spouse enters retirement.
Again, a judge will use their discretion to determine whether to terminate an alimony order and examine the financial circumstances of both parties.
An alimony can also be terminated if either the paying or non-paying spouse passes away.
How Rich Rochlin Helps With Alimony Modification
Whether you are proposing or opposing an alimony modification, working with a reputable Connecticut divorce attorney can make life easier. With 25 years of legal experience, we can guide you through the legal process and help you get the best possible outcome. We also resolve other challenges associated with a divorce or separation, including child support, child custody, and property division.
Contact Rich Rochlin at (860) 357-9158 to learn more about alimony modification in Connecticut.
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