Spousal Maintenance Modification Attorneys in Minnesota
After a divorce is finalized, it is often the case that one party has to provide financial support to the other party for a certain period of time. This payment (referred to as spousal maintenance or alimony) is generally paid by the spouse who had the higher income during the marriage.
While the court sometimes declares spousal maintenance temporary, there are situations in which one party may need to modify the amount paid. No matter which side of a motion you are on, our spousal maintenance modification lawyers in Minnesota can help you through the process, and make sure you are paying, or receiving, a fair amount.
In order for the court to modify the original order for spousal maintenance, there generally has to be a substantial change in circumstance, making the original order unreasonable or unfair.
There are many reasons why spousal maintenance may need to be modified. Some examples include:
- There is a substantial increase or decrease in the gross income of one of the involved parties;
- There is a substantial change in the needs of one of the involved parties;
- One of the involved parties is receiving public assistance;
- One or both of the involved parties retires;
- There is a change in the health status of one of the involved parties;
- There is a change in the cost of living of one of the involved parties; or
- One of the involved parties incurs extraordinary medical expenses
Regardless of the circumstances, the key is that the change must be “substantial.” The court will not modify spousal maintenance for small changes.
The general guidelines for modifying spousal maintenance are actually quite similar to the requirements for modifying child support. The person who is seeking modification is the one with the primary responsible of proving that the original order should be adjusted.
If you are considering enlisting the services of our spousal maintenance modification attorneys in Minnesota, it is important to file a motion as soon as you can. The request for modification will often be made retroactive based on the date that the motion is served. The longer you wait to file a motion, the longer you may be stuck with unfair payments.