Modification of Alimony…What You Need To Prove To Increase Your Payments

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are the recipient of alimony, and are just squeaking by, there are several things you can do to try to get more in alimony payments from your ex spouse.

First, you have to read your agreement and/or final judgment to make sure your alimony award is not “non modifiable”.  If it is, there is nothing you can do.

Barring that, if you would like to increase your alimony payments, the following needs to be proven in a court of law, since alimony modifications hardly ever settle in mediation:

1.  You need a substantial change in circumstances since the original alimony award.

2.  You have to prove need (yours) and ability to pay (your spouses).

3.  Lifestyle indicators of both you and your spouse would be evidentiary and necessary.   For example if you are two months behind on rent, have your landlord testify on your behalf.

4,  Since you are asking for financial relief, you and your spouse will have to file updated financial affidavits with the court.

5.  If you have a job loss or paycheck cut bring proof.

6.  Same for medical bills, if you are claiming a need for more alimony due to health reasons.

For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

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