In recent years, Florida’s legislature has eliminated permanent alimony and made securing these payments from a former spouse more challenging. However, the court retains much of its control over this process, including the ability to modify the awarded amount of alimony up or down depending on the circumstances.
There is no guarantee that the court will agree to these changes, and pursuing them without the support of a seasoned spousal support attorney can hurt your chances of success. Call a Florida alimony modification lawyer today to discuss your options.
Reasons to Modify Alimony
There are many reasons for an individual in Florida to seek out the help of an alimony modification attorney. This generally involves the paying party seeking a reduction of what they owe, but the court has the power to increase the amount as well.
One of the most common reasons for modification requests is when the recipient remarries or begins cohabitating with someone else. This represents a change in their household income which can alter the appropriate amount of support. Other reasons could include changes in employment, retirement, or adjustments in different obligations like child support.
When is Modification Allowed?
When the court issues an order for spousal support, it is considered final. This means that the order will remain in place until the support expires, according to the language in the document. While the court will not modify a final order without a reason, there are some grounds that could lead a judge to make changes to an alimony award.
In order for the court to agree to modifications, there must be evidence of a substantial change in circumstances. This can refer to major shakeups in the life of the paying or receiving party. Examples could include suffering a sudden illness or securing a new job with a substantial pay increase. If the ability to pay spousal support has changed in a significant way, the court might modify the obligation to do so.
From a job loss to a life-changing disability, these situations can dramatically impact the ability to provide financial support. An alimony modification attorney in Florida can assist with securing your rights.
Not All Spousal Support Awards Can Be Modified
In addition to the other circumstances limiting modification, it is important to note that changes can only be made to specific types of alimony. In general, the court has the power to amend an order related to durational or rehabilitative alimony with the help of a Florida attorney.
The same is not true in most cases when it comes to bridge-the-gap and lump sum alimony. Lump sum alimony is designed to resolve the question of support through a single transaction, and allowing modification of a past payment would defeat the purpose.
When it comes to bridge-the-gap alimony, this option generally involves some kind of plan for the receiving spouse to become self-sufficient and get back on their feet. The courts are less likely to interfere in that situation.
Talk to an Alimony Modification Attorney in Florida Today
If you believe the amount of spousal support you are paying or receiving should change, you might be able to secure that modification with the help of The Florida Probate & Family Law Firm. Our team is here to ensure you are treated fairly. Call right away for a free private evaluation with a Florida alimony modification lawyer.