Baltimore & Towson Lawyer Discusses Alimony Modification
In order to modify an order for spousal support/alimony, just about any Baltimore and Towson divorce lawyer will tell you that some sort of substantial change will need to have taken place, such as a change in the former spouse's needs or a change in the paying spouse's ability to pay. Typically in the state of Maryland, changes in alimony will fall under one of four categories: requests to modify the amount of alimony, requests to extend alimony, extensions and/or modifications due to substantial changes in one's circumstances, and requests to terminate alimony.
Seeking to Modify the Amount of Alimony Paid
Ordinarily, unless a court has specifically excluded modification of an alimony judgment, either party can ask the court for an increase or decrease in alimony payments, depending on the circumstances and/or in the interest of fairness and justice.
Requesting an Extension of Alimony
Your Baltimore and Towson divorce lawyer will tell you that a party can petition the court for an extension of alimony prior to the end of the alimony term, unless the court expressly prohibited such a modification. Individuals should note, however, that if such a request is not made in a timely fashion before the original term ends, the alimony will expire as expected. If an individual petitions for an extension and timely files that request and the request is granted, the alimony can be modified with respect to the amount and term.
Substantial Changes in One's Circumstances Are Necessary
The individual who is requesting the alimony modification must be able to demonstrate that, due to substantial changes in circumstances, a modification has become necessary because the original basis for the original award has changed. More specifically, the individual seeking the change will need to prove that the circumstances arose during the alimony period, and if left unchanged, an unfair and/or harsh result will occur.
Individuals should also be aware that alimony will end upon the occurrence of certain events. For example, if the recipient gets remarried, the former spouse will no longer be required to pay alimony. Additionally, if either party dies, alimony will automatically end. The court might also deem it necessary to terminate alimony in the interest of fairness.
The Grounds for Extensions, Modifications or Terminations
A well-versed Baltimore and Towson divorce lawyer knows that there are a number of conditions that might call for a change to be made to an alimony order. For instance, changes might become necessary if the receiving spouse obtains gainful employment or if he or she is unable to become totally self-supporting. Also, if the receiving spouse inherits a considerable amount of assets or is gifted a fair amount of assets, changes may be made to the alimony judgment.
With respect to issues of fairness and equitability, some changes to one's alimony judgment may become necessary in certain cases. One such case might be when the payor retires. Another example would be when the recipient living in Tandallstown becomes self-supporting.
There are numerous situations that can trigger the need for a change in alimony. That said, anyone who is receiving or paying alimony should discuss his or her specific situation with a skilled Baltimore and Towson divorce lawyer at the Law Offices of Amar Weisman, LLC as soon as possible.
Call (410) 321-4994 For a Free Consultation
Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.