Support obligations are modifiable upon a permanent change in circumstances. Unemployment is generally not considered a permanent change in circumstances to warrant modification. Receipt of unemployment benefits is a temporary occurrence. I would consult with an attorney to look over the prior motion and evaluate the current circumstances to see if there is a basis to request an increase of alimony.
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Yes, you may file a motion due to changed circumstances. Be sure to include the prior orders.
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if his income would be greater than it was at the time of the modification, then you should feel free to try to increase the alimony.
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This is not a straightforward answer as you are probably seeing from those attorneys who have responded. In order to get an increase in alimony, financial changed circumstances is the factor. However, that slices both ways. You first also must show a need for an increase at this point in time.
Also, on the issue of your ex husband's income, you should double check to see if the unemployment benefits he is receiving will be offset by the Social Security benefits to determine his actual income and whether that amount is substantially higher than at the time of the initial reduction.
I would certainly be willing to discuss this more thoroughly with you. If you would like to schedule a consultation, please feel free to call my office and visit our website at www.rsfamilylawyers.com. Thank you.
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