Court orders are not always set in stone, and the law recognizes that life goes through major twists and turns. In family law, this “change of circumstances” is a significant shift in a person’s life that might affect existing court orders, especially those related to spousal support or alimony.
What do courts look at?
In Florida, courts might modify alimony arrangements when changes in circumstances affect the financial status or needs of the person paying or receiving the money. This can include:
- Major changes in income. This could be from losing a job, getting a better job, changing jobs or stopping work.
- Developing serious health issues. This can make it hard to work or greatly increase living costs.
- Cases where the person getting alimony is in a supportive relationship with someone they live with. This could affect their financial needs.
Either the payor or receiver can file a petition with the court to change alimony. This petition must clearly state the reasons for the request and provide evidence. Both parties might also need to provide updated financial information. In some cases, the court may require them to attempt mediation before proceeding to a hearing.
What might not qualify?
Some changes in circumstances may not be enough to justify an alimony modification. These changes may include:
- Small or short-term changes in income, such as a slight raise or working fewer hours
- Voluntary unemployment or underemployment, such as intentionally quitting a job or choosing to work in a lower-paying position
- Short-term financial difficulties, such as a temporary job loss or a brief illness
- Choosing to take on new financial obligations, like buying an expensive car or home
- Brief romantic relationships or short-term living arrangements of the recipient
- Normal, gradual increases in the cost of living
- Small lifestyle improvements or minor increases in spending
Courts look for substantial, material, and permanent changes. These changes should establish a different financial picture from what existed when the judge first issued the alimony order.
Situations in life can change unexpectedly
Life doesn’t always go as planned. If you are facing changes that are affecting your financial situation and alimony arrangements, know that there are legal professionals ready to support you.
