When my ex-husband lost his job he filed a motion to lower my permanent alimony payments. Now that he is of age to receive SS (which I believe he doing) can I now file a motion to increase my alimony? At this time he would be receiving both unemployment and Social Security, which of course means he has a greater income than when he filed for the initial reduction.
Thank you for your responses.
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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2 lawyers agree
Personal Injury Lawyer
Yes, you may file a motion due to changed circumstances. Be sure to include the prior orders.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Divorce / Separation Lawyer
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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Family Law Attorney
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.