Life never remains the same and, thankfully, family courts understand this fact, which is why it is possible to reduce your spousal support payments. That said, a judge will only grant such a request you effectively prove a substantial change in circumstances. For example, if you were recently laid off, this would likely qualify as a substantial change in circumstances, warranting a modification of the spousal support order.
A Change in Circumstances
Before taking your case to court, approach your former spouse about lowering your spousal support payments. If you are on amicable terms, you might reach an agreement, which will save you some time and money. However, to ensure it is enforceable, hire an attorney and make sure you go through the appropriate legal channels. You do not want to risk being on the hook for any missed payments if your former spouse has a change of heart.
If your former spouse is not receptive to the idea of lowering spousal support, you will have to take the matter to court and prove a substantial change in circumstances.
Below are some examples of what a judge might consider a substantial change in circumstances:
- You involuntarily lost your job. If you voluntarily left your job, a judge would not consider this a substantial change in circumstances and you would likely still be responsible for the same amount of spousal support.
- You were involuntarily demoted. Once again, if you voluntarily took a pay cut, a judge would not reduce your spousal support payments.
- If your former spouse remarries, spousal support payments will automatically be terminated. If your former spouse lives with a new partner, these payments will not automatically be terminated, but you can ask a judge to either terminate or reduce your payments.
- If your former spouse’s income increased, you can potentially reduce your spousal support payments. However, the increase must be substantial to warrant a modification of the court order. If it was a minor cost of living adjustment, a judge will not modify your payments.
Make sure you hire an experienced legal advocate to walk you through every step of the post-divorce modification process, so you can achieve the best possible results for your case.
Contact Our Experienced Family Law Team Today!
If your circumstances changed substantially, warranting a modification of your spousal support order, you must reach out to a knowledgeable family law attorney today. At Nelson, Taylor & Associates PLLC, our legal team has what it takes to help you successfully pursue a post-divorce modification. Our team has been helping clients achieve their goals since 2004, so you can rely on us to provide the fierce legal advocacy and advice you need to secure the outcome you need. We will help you navigate the complexities of this process and answer any questions you have along the way.
Get started on reducing your spousal support payments by reaching out to us at (801) 901-7046 to set up a free and confidential consultation and learn more about what our team can do for you!