How Can I Modify Alimony?

Commonality of Modifying Alimony
After a court grants alimony (either temporary or permanent), it may later be modified by the court or terminated completely depending on the circumstance. There must be a substantial change in circumstances in order for court to modify an existing agreement. Courts have wide discretion in how they define situations that constitute a substantial change in circumstances to warrant a change in alimony. It is not common for a court to modify an existing alimony award. North Carolina submits to the partnership theory of marriage, where both partners have an equal obligation to provide financial support to each other during marriage. This theory extends to post-separation spousal support.

Spousal Support: Payor and Recipient
During the process of modifying alimony agreements, an individual is either the payor or the recipient of spousal support.  These roles are determined objectively depending on which partner was financially superior in the marriage. The payor is typically the partner who will be giving money to the recipient or dependent partner. The amount of spousal support depends specific factors, such factors include: the duration of the marriage, the role of each spouse, and the age of the partners.

Modification of Spousal Support
Either party has the ability to initiate modification of an award. The party who moves for a modification of alimony has the responsibility of showing a substantial change in circumstances that warrant change in spousal support. Typically, the party will either move for either upward modification or downward modification.

• Upward modification: The recipient (or dependent) can petition for upward modification by presenting evidence to show a significant change in circumstances. Generally, such circumstances include, a loss of employment, disability or illness, and financial crises. Additionally, if the payor experiences a significant increase in financial fortunes, the recipient has grounds to apply for upward modification of spousal support. Either party is allowed to cite increased in cost of living expenses to increase spousal support or decrease spousal support obligations.

 

• Downward modification: The payor has the right to move for a downward modification of spousal support if the recipient has new employment with increased income or if the recipient is engaging in cohabitation with a third party.  In this scenario, the responsibility now rest with the recipient to prove that the change in circumstance has not affected the need for spousal support. In most cases, remarriage of the recipient terminates the spousal support obligations, unless there are compelling reasons to prove otherwise.

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• Often, the reason for the payor to move for a downward modification stems from a loss of employment, disability or illness, unanticipated financial adversity or new support obligations such as a new spouse and children with the new spouse.