How to Lower Your Alimony Payment
Read through your divorce decree., Talk to your ex-spouse., Draft an agreed motion., Sign your motion., File your motion., Attend your hearing, if required., Get copies of your order.
Step-by-Step Guide
-
Step 1: Read through your divorce decree.
Some divorce decrees include circumstances in which alimony automatically will be terminated or reduced.If your decree includes such a clause and one of those circumstances has happened, your ex-spouse may be more amenable to the change.
For example, your decree might specify that alimony payments will end if you lose your job.
If you lose your job, the payments should automatically terminate according to the decree.The change in circumstances may be on your ex-spouse's side as well.
For example, your divorce decree may stipulate that alimony payments end if the recipient moves in with another romantic partner.
If your ex-spouse recently moved in with someone, this change in circumstances would terminate the alimony. -
Step 2: Talk to your ex-spouse.
If you and your ex-spouse are still on reasonably good terms, you might consider talking to her and explaining the change in circumstances.
Particularly if it has been awhile since your divorce was finalized, her circumstances may have changed as well and she may be less dependent on the amount of spousal support as a result.Even if the change in circumstances is not one mentioned in your decree, it might be something significant enough that she understands the situation and is willing to agree to a change.For example, you may recently have been disabled to the point that you cannot work as much as you could when the divorce was finalized, and therefore aren't making as much money.
Your ex-spouse may empathize with your situation and be willing to accept a reduction.
On the other hand, your ex-spouse may have recently been offered a promotion and no longer have as much need for the payments as she did when you first divorced.
Even if you and your ex-spouse agree to decrease the payments, you still should have your agreement approved by the judge so it is legally enforceable., Once you and your ex-spouse have reached an agreement on the new amount of spousal support, in most jurisdictions you can file an agreed motion to modify your divorce decree.
Your motion will have the same case number and same caption as your original divorce action.
Your court clerk or the website of your state's highest clerk may have a form available that you can adapt to your own use.
Generally, your motion should identify both you and your ex-spouse, mention the divorce decree and the date it was entered, and state that you agree to a modification of its terms related to the payment of alimony. , Both you and your spouse should sign the agreed motion in the presence of a notary public.
Attach a copy of your original divorce decree and make several copies of the entire packet so you each have copies for your records. , You'll have to pay a nominal fee to file the motion in the same court where your original divorce was heard.You might also need to include a draft agreed order for the judge to sign.
If it's necessary, the clerk will let you know., In some jurisdictions you won't have to appear before a judge for an agreed order, but others expect you to show up for a brief hearing.
If you do have a hearing, the judge will question both of you on the circumstances of the modification and ask whether you agree to the changes.
In most cases, the judge will sign off on an agreed order without a hearing, and you will be notified when the final order is ready., Once the judge has signed the order approving your modification, make sure you have enough copies for your records and for any interested parties. -
Step 3: Draft an agreed motion.
-
Step 4: Sign your motion.
-
Step 5: File your motion.
-
Step 6: Attend your hearing
-
Step 7: if required.
-
Step 8: Get copies of your order.
Detailed Guide
Some divorce decrees include circumstances in which alimony automatically will be terminated or reduced.If your decree includes such a clause and one of those circumstances has happened, your ex-spouse may be more amenable to the change.
For example, your decree might specify that alimony payments will end if you lose your job.
If you lose your job, the payments should automatically terminate according to the decree.The change in circumstances may be on your ex-spouse's side as well.
For example, your divorce decree may stipulate that alimony payments end if the recipient moves in with another romantic partner.
If your ex-spouse recently moved in with someone, this change in circumstances would terminate the alimony.
If you and your ex-spouse are still on reasonably good terms, you might consider talking to her and explaining the change in circumstances.
Particularly if it has been awhile since your divorce was finalized, her circumstances may have changed as well and she may be less dependent on the amount of spousal support as a result.Even if the change in circumstances is not one mentioned in your decree, it might be something significant enough that she understands the situation and is willing to agree to a change.For example, you may recently have been disabled to the point that you cannot work as much as you could when the divorce was finalized, and therefore aren't making as much money.
Your ex-spouse may empathize with your situation and be willing to accept a reduction.
On the other hand, your ex-spouse may have recently been offered a promotion and no longer have as much need for the payments as she did when you first divorced.
Even if you and your ex-spouse agree to decrease the payments, you still should have your agreement approved by the judge so it is legally enforceable., Once you and your ex-spouse have reached an agreement on the new amount of spousal support, in most jurisdictions you can file an agreed motion to modify your divorce decree.
Your motion will have the same case number and same caption as your original divorce action.
Your court clerk or the website of your state's highest clerk may have a form available that you can adapt to your own use.
Generally, your motion should identify both you and your ex-spouse, mention the divorce decree and the date it was entered, and state that you agree to a modification of its terms related to the payment of alimony. , Both you and your spouse should sign the agreed motion in the presence of a notary public.
Attach a copy of your original divorce decree and make several copies of the entire packet so you each have copies for your records. , You'll have to pay a nominal fee to file the motion in the same court where your original divorce was heard.You might also need to include a draft agreed order for the judge to sign.
If it's necessary, the clerk will let you know., In some jurisdictions you won't have to appear before a judge for an agreed order, but others expect you to show up for a brief hearing.
If you do have a hearing, the judge will question both of you on the circumstances of the modification and ask whether you agree to the changes.
In most cases, the judge will sign off on an agreed order without a hearing, and you will be notified when the final order is ready., Once the judge has signed the order approving your modification, make sure you have enough copies for your records and for any interested parties.
About the Author
Ethan Cox
Ethan Cox has dedicated 4 years to mastering education and learning. As a content creator, Ethan focuses on providing actionable tips and step-by-step guides.
Rate This Guide
How helpful was this guide? Click to rate: