Modifying Spousal Support in Hamilton County

After filing a divorce, your circumstances may change to a point that you need to make alterations to your spousal support order. In this case, it is best to have legal assistance with experience in modifying spousal support in Hamilton County to create a successful claim.

An experienced alimony attorney could help you reach your goals and minimize any strain on you while filing.

Identifying a Need for a Change of Alimony

When initially filing a claim for spousal support, a spouse must prove they have a need for financial help. For example, if they do not have enough income to meet their monthly bills, they have a need, which an attorney could help them prove through analysis and investigation. However, the second part of that analysis is whether or not the other party has the ability to pay. If a spouse has leftover discretionary income after they have paid all of their monthly bills, they have the ability to pay. In court, each party is required to fill out an income and expense worksheet, which shows one party’s needs, including their net income and their expenses. The other party is required to provide their income and expenses, as well, to show what they are capable of paying each month.

However, if a party comes forward to present evidence showing a change in circumstance, whether they lost their job or do not have any disposable income left to pay spousal support, they may be able to minimize their payments. One common example includes when a paying spouse has another child. If they do not have more income to make the alimony payment, the courts may rule in their favor to pay child support rather than spousal support. An experienced Hamilton County attorney could help them file their claim with adequate evidence to get a modified alimony order.

Factors That Could Stop Spousal Support Payments

Death ends spousal support unless there is a provision in the marital settlement agreement stating that it continues. However, remarriage would not influence it if the paying spouse has a child as a result of the remarriage. Instead, in that case, a court could rule to reduce the amount of spousal support that one spouse has to pay to accommodate their circumstances.

Call an Attorney Versed in Modifying Spousal Support in Hamilton County

Although the initial spousal support order may be suitable for some couples, circumstances can change the need for financial support on either side. If your situation has changed and you need to file for a modification of alimony, you should reach out to knowledgeable legal counsel to help you file your claim.

An attorney who is experienced in family law could explain your options, the pros and cons of each of those options, and potentially negotiate deals to help you reach your goals. Call to schedule a consultation today to speak with someone who is experienced in modifying spousal support in Hamilton County.

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