When you get a divorce, you may be entitled to alimony payments.
However, what many people don’t realize is that the payment amount may change when there is a change in circumstances for either spouse.
The best way to know for sure whether or not you are entitled to receive more (or if you have to pay more) in alimony, is to discuss the subject with a divorce or an experience family attorney in Miami, Fl.
In addition to consulting with your attorney, it is also a good idea to get to know a bit more about how increases in alimony work.
It’s Not Automatic
One of the first things a divorced couple needs to understand is that increases in alimony payments are not automatic. To receive a modification to your alimony arrangement, you have to show the court that there was some type of significant change in circumstances.
According to Florida law, once the alimony is awarded, either party is able to request a modification with the court. However, to receive this modification, the financial circumstances of the other party must have changed. As a result, if your ex-spouse received a modest raise at their job, you would not (likely) be able to receive an increase in alimony payments.
However, if the raise they received was more significant, then it may justify the alimony payments being increased. According to the Florida Supreme Court, a substantial increase in the ability for one spouse to pay doesn’t automatically mandate an increase in payments.
How to Prove More Alimony is Warranted
In the state of Florida, the majority of courts not only want to know about the increase in money received but also an increase in the need for the individual receiving the payments. However, there are some courts that will just increase the payments because the person paying is now earning more.
When making modifications to alimony payments, the court requires that the change in circumstances most not have been in play or anticipated when the last award was set. When considering the ability to pay, the court can not only consider the increase in income, but also any lottery winnings or gift inheritances.
Nothing’s Set in Stone
No alimony modifications are going to be set in stone. Each case is based on the facts and dependent on the financial circumstances of each spouse. If you are trying to acquire an increase in the amount of alimony you receive, the best thing you can do is to contact a family lawyer in Florida for help. They can evaluate your situation and let you know if an increase is possible.
There is no question that issues related to alimony are complicated. However, Florida has certain laws in place to help ensure that everyone pays or receives an amount that is fair.
Also Read : How Long do I get Alimony for in Florida?
If you have any questions or believe you deserve a higher alimony payment from your ex-spouse, contact us today. We can evaluate your case and determine if this increase is possible.
