How to Get San Diego Alimony Payments Modified
Alimony, also known as spousal support, involves payments to a former spouse, either as agreed upon following a divorce or as ordered by a court. Because alimony is legally enforceable, the payer must make timely payments or face sanctions. If your spousal support payments are unaffordable, you may be able to reduce them with the help of an attorney.
Alimony by Agreement
When a couple divorces, they may agree in advance on how to divide up their marital estate, share responsibility for their children, and even arrange for spousal support payments. Documents such as marital settlement agreements are drafted that detail which spouse is required to pay alimony, the amount, how often, and for how long. The couple signs the agreement, and in the event someone breaches the agreement, the other party may enforce compliance by going to court.
Alimony by Court Order
More often, alimony is ordered by the court upon request by the recipient. When deciding whether alimony is proper and then calculating an appropriate amount, the divorce judge will consider:
- Both spouses’ employment situations and salaries, including their skills and education
- The standard of living established during the marriage
- The recipient’s contribution to the household or family income while the other spouse was enrolled in school
- The length of the marriage
- The health of the recipient
Alimony amounts widely vary depending on the specific circumstances of the relationship.
Often times, circumstances change, and individuals may find themselves struggling to make alimony payments. Common reasons for alimony modification include:
- Demotion or change of employment to a position with lower income
- Lay-off or termination of employment
- Unexpected medical expenses
- Recently had a child If your income has decreased or your expenses have increased, you can seek a modification of the alimony agreement or order. If the recipient is not amenable to modification, you must petition the court for modification. To do so, you need the help of a dedicated San Diego spousal support attorney. The Law Office of Thomas M. Huguenor can help. Contact us today at (858) 458-9500.