Alimony Modifications in Florida
Alimony is modifiable in many cases based on certain events occurring. We represent people throughout the Orlando and Central Florida area in modification of alimony cases. Call us today to speak with one of our experienced alimony modification attorneys.
Reasons for Modifications or Termination:
Some of the common reasons for a modification of alimony include:
- Changes in income or financial circumstances.
- Retirement by the Party paying alimony.
- The Party receiving alimony gets remarried.
- The Party receiving alimony is in a supportive relationship as defined in Florida Statute 61.14.
The court may reduce or terminate alimony upon specific, written findings of fact that the party paying alimony has reached normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession and that the party has taken demonstrative and measurable efforts or actions to retire or has actually retired. The burden is on the party paying alimony to prove, by a preponderance of the evidence, that his or her retirement reduces his or her ability to pay support, maintenance, or alimony.
If the court determines that the retirement has reduced or will reduce the ability of the Party paying alimony to pay said alimony, the burden shifts to the party receiving alimony to prove, by a preponderance of the evidence, that their support, maintenance, or alimony obligation should not be terminated or reduced.
In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor may file a petition for modification of his or her alimony.
The court must reduce or terminate alimony upon specific written findings by the court that a supportive relationship has existed between the person receiving alimony and a person who is not related to said person by consanguinity or affinity.
The burden is on the person paying alimony to prove, by a preponderance of the evidence, that a supportive relationship exists or has existed in the 365 days before the filing of the supplemental petition for modification. If a supportive relationship is proven to exist or to have existed, the burden shifts to the person receiving alimony to prove, by a preponderance of the evidence, that the court should not reduce or terminate alimony.
Process for a Modification:
In some cases, the Parties may be in agreement as to the modification, and an agreement can be drafted defining the terms of the modification and submitted to the Court for approval. In situations where the Parties are not in agreement, the party seeking the modification will need to file a Supplemental Petition for Modification.
Orlando Alimony Modification Attorney:
At the Wilson Law Firm, we work to protect your interests and assist you in resolving your situation in an effective and efficient manner. Speak with an experienced Orlando family law attorney and divorce lawyer today.