Changing Alimony in Branford
There are two types of orders that an individual can use to change alimony in Branford. There is the temporary pendente lite order and the final order. In either situation, a person would file a motion for modification in which case they will have a hearing with the court. The individual will have to disclose the appropriate financial information and the court will make a determination, or the parties can agree to modify the alimony.
Changing alimony in Branford can sometimes be complex. An experienced Branford attorney could help an individual modify their Branford spousal support agreement.
The standard for modifying an alimony award in Branford, for the most part, is a substantial payment circumstance. It is the same situation if there is a substantial change of circumstance. First, there cannot be a waiver. Second, there has to be a provision that says a person is allowed to modify it later. If it says in a person’s agreement that they cannot modify the agreement, it cannot generally be waived.
If a person has a provision that permits modification or if the agreement is silent and there is a substantial change in the circumstance, such as loss of job, a substantial increase, a substantial decrease, or a change in health status, statutory factors like these the court can find of substantial nature and allow it to be modified. An experienced lawyer will be able to help an individual in using these methods to change alimony in Branford.
Further, if an individual has the appropriate language in the agreement that permits the modification and if there are substantial changes or circumstances regarding the factors that award alimony, a person can request a change in spousal support payments in Branford. A judge has to specifically state that a person can modify the agreement as to an amount, the term, or anything like that.
The duration of the alimony to be paid will be stated in the court order in the alimony provision. A person will always have access to the alimony contract. If a person goes to a courthouse, a lawyer should be called.
A person cannot waive the right to stop these alimony payments. If there is a substantial change, like the receiver of the alimony has gotten a job or there is a substantial change in the financial standing of either of the parties, just like a party can move to increase the alimony, a party can also move to decrease or terminate it.
By statute, if it is written in the agreement, the individual can change it as a result of a new marriage, cohabitation, or something along those lines. It is important to note that a party does not have to be legally remarried for the paying spouse to change the alimony agreement.
If there is a death of one party, typically that means the alimony will terminate. It is the same with remarriage. If it is the remarriage of the payer, that will not modify the alimony contract.
If nothing has changed between the parties, they are able to request a termination of spousal support payments, but there is no guarantee. A person can request it, but it does not mean that is going to be granted.
Benefits of an Attorney
There are many benefits to retaining an attorney when trying to modify an alimony agreement in Branford. An attorney is able to evaluate whether or not a person has a chance at modifying the agreement because it is not guaranteed that there is a modification once there is a court order.
What a Branford attorney can do to change alimony is take a look at the original finances and the circumstances when the award was entered, and take a look at the new circumstances and finances and make a determination as to whether or not that will qualify for a change.