Do you feel you’re paying more than your fair share in alimony? Are you looking to change the terms of your alimony agreement? Not sure how to navigate the legalities of the entire process?
At Eric M. Swinyard & Associates, PLLC in South Jordan, our Salt Lake County alimony modification attorneys understand the financial devastation caused by unbalanced payouts. We work to help clients understand their rights as they relate to monetary obligations for an ex-spouse.
How Is Alimony Established?
Utah law allows either party to request alimony. The courts review each party’s financial situation and consider various factors when awarding alimony.
Courts might consider:
- Any outstanding debts
- Their earning capacity
- How long the marriage lasted
- If they have primary custody of any children
- Whether one spouse helped pay for education expenses or skills training for the other party
- Any fault contributing to the breakup of the marriage
Alimony is intended to help the other spouse support themselves after a divorce. Sometimes the courts order payments before completing the divorce process. Judges establish payments based on your earning capacity at the time.
Can Alimony Be Changed after Divorce?
You may end up in a situation where you’re not earning as much as before.
Life changes affecting your ability to pay alimony could include:
- Battling a chronic illness
- Receiving a critical injury affecting your ability to work
- Having your salary reduced at your job
- Being terminated from your place of employment
- Retiring from your job
Any of the above would be grounds for modifying alimony in Utah. Our Salt Lake County alimony modification lawyers can walk you through the process of gathering the paperwork needed to prove your case.
Sometimes it’s the spouse receiving benefits who see a change in their lifestyle. That could include:
- Living with a new partner
- Taking a job paying them more money
- Receiving some sort of inheritance
Terminating Alimony Payments
Alimony can be terminated when an ex-partner remarries or passes away. Your financial responsibility also ends if they start living with someone else.
Don’t just stop paying alimony if you realize a spouse has moved in with another person. You still need to go before a judge and show them evidence of this. The same goes for any other changes in your former partner’s financial situation.
Work with an Attorney to Modify or Terminate Alimony
You risk being penalized by the courts if you stop payments on your own without going through the right channels. It helps to get solid legal advice from an alimony modification attorney in Salt Lake County or Utah County when you’re looking to modify or terminate support payments.
At Eric M. Swinyard & Associates, PLLC, we know what the courts expect when it comes to evidence. Some situations require you to make your case by a given deadline. We’ll make sure you get everything you need in front of your judge on time.
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