Spousal support, or maintenance, helps ensure financial balance after a divorce. Life can change a lot after a divorce, especially when it comes to income.
If you experience significant changes in income, you may consider requesting a modification of the spousal support amounts.
Change in circumstances
To modify spousal support, the person asking for the change must show a “substantial change in circumstances.” This could be a big change in income. It could also be something like a serious illness, losing a job, or increased living expenses. The court looks at these changes to decide if adjustment of the current spousal support arrangement is necessary.
Court considerations
When reviewing a modification request, the courts consider several factors. These include why the income changed, how long it’s been since the original support order, and the financial situation of both parties. The court aims to make sure any modification is fair and reflects the current financial realities.
For instance, if the paying spouse loses their job, the court might lower the support payments. On the other hand, if the paying spouse’s income increases a lot, the court might raise the payments.
Temporary vs. permanent modifications
Income changes can lead to either temporary or permanent modifications of spousal support. Temporary modifications might apply if the income change is short-term, like a temporary layoff. Permanent modifications might apply when the income change lasts longer.
Handling spousal support changes
Changes in income after a divorce can greatly impact spousal support. Whether you pay or receive spousal support, understanding how these changes can lead to modification requests is crucial.
