How to Modify Alimony when Suffering a Medical Crisis
Get medical records., Hold onto your medical bills., Document any other lifestyle changes., Read your state law., Find your divorce decree., Consult with an attorney., Talk with your ex-spouse., Draft a stipulation or settlement agreement., Sign...
Step-by-Step Guide
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Step 1: Get medical records.
Your first priority should be to deal with the medical crisis.
After doing so, you can get copies of your medical records.
They will serve as proof of the medical crisis you have suffered.
Be sure to get records from everyone who has treated you—doctor, hospital, therapist, etc.
To stay organized, you should get a big folder into which you can put all of your medical records.
Because you are probably feeling stressed, you shouldn’t worry about organizing your records.
Right now it is enough that you save everything. -
Step 2: Hold onto your medical bills.
You also want to show how much money the medical crisis is costing you.
Throw all medical bills into the folder along with your medical records.
Try to hang onto the following bills: doctor bills physical therapist bills receipts for prescription and over-the-counter pills , A medical crisis is usually very disruptive.
You may end up losing your job as a consequence, which is another reason you can seek to modify alimony.Document how the crisis has impacted your life and your ability to take care of yourself.
If you lost your job, hold onto your termination letter and information about unemployment benefits.
If you lost your health insurance because of the crisis, then find the letter indicating your coverage was cancelled. , Alimony is decided at the state level, and every state has a law that explains when alimony can be modified.
You should find your state law and read it.
Generally, you can find your state’s alimony law online.
In most states, you can modify alimony if there has been a “substantial change in circumstances.”Typically, a medical crisis will qualify because of the increased expense and the fact that you might have lost your job. , Your divorce decree might identify the situations when you can modify alimony.
Some divorce decrees, however, might state that alimony can never be modified.In that situation, you will not be able to increase or decrease the amount of alimony.
Go through your papers to find your divorce decree.
If you can’t find it, then go to the courthouse where you got divorced and speak to the court clerk.
You should be able to get a copy from the clerk.
The lawyer who helped you during your divorce might also have a copy. , If you have questions, then you should ask a qualified divorce attorney.Only he or she can give you proper advice tailored to your circumstances.
If you used an attorney during your divorce, call him or her up.
Explain why you need to modify alimony.
You might not have used an attorney for your divorce.
In that case, you need to find one.
You can contact your local or state bar association and ask for a referral.If your ex has an attorney, then you should probably hire one too.
Ask about fees during your consultation.
Also see Choose the Right Divorce Lawyer for more information. , Generally, you can modify any alimony award if you and your ex-spouse can come to an agreement.You should gather your supporting documents and schedule a time to meet.
Explain your situation and why you need to modify alimony.
Explain why you need the amount reduced.
Also explain how long you think the modification might need to last for.
For example, “Melissa, I don’t know if you were aware, but I got diagnosed with leukemia last month, and it’s been really hard on me.
I’ve had to take a break from my freelance job and don’t have any income.
My treatments will last for several more months.
I was hoping to reduce the alimony.” Explain why you need alimony increased.
Also tell your ex if the increase is temporary or long-term.
For example, “Jonah, I haven’t seen you over the past six months because I got in a car accident after Christmas and now am in this wheelchair.
My doctor doesn’t think I’ll ever regain the use of my legs.
Because of this disability, I am living entirely on the alimony you pay.
I was hoping you could increase payments.” , A “stipulation” is an agreement between you and your ex.
It may also be called a “settlement agreement.” Because the judge approved the alimony, only a judge can change the alimony.
Accordingly, you will submit your stipulation to the judge for his or her approval.
Your court may have printed, “fill in the blank” forms you can use.
You should check the court’s website or stop in and ask the court clerk.
If no form is available, then find sample marital settlement agreements on the Internet.You can also take a look at any agreement you reached during your divorce.
You can modify these documents by eliminating the non-alimony information. , Both you and your ex should sign the stipulation in front of a notary public.You can usually find notaries in most large banks.
The courthouse also should have a notary.
Be sure to take acceptable forms of identification with you, such as a valid state-issued ID or a passport. , You should take the stipulation to the court that entered the initial divorce decree.
Remember to attach the initial decree to your stipulation.
Ask the court to file.You should also make a copy for your spouse and for your own records.
Your ex-spouse can waive service of process by completing a waiver form, which you should be able to get from the court clerk.
You may have to pay a fee.
Ask the clerk for the amount and acceptable methods of payment.
If together you and your ex can’t afford the fee, then ask for a fee waiver form. , Some courts won’t require a hearing if both exes can agree to a modification.
However, some judges might require a hearing.
If so, you should schedule the hearing when you file your stipulation.
In some courts, the judge might have to review the stipulation before deciding whether a hearing is necessary.
In that situation, the clerk should notify you of the hearing date, if one is required. , At the hearing, you and your spouse should be prepared to answer any questions the judge has.
He or she might want to confirm that neither spouse has been coerced into changing the settlement agreement.
If the judge signs off on your agreement, then get a copy. , Your ex-spouse might not agree to modify the alimony.
In that case, you need a court order.
You can request a court order by completing the necessary paperwork.
Visit the court clerk and ask for the forms you will need to complete.You will probably need multiple forms.
In addition to a “petition” or “motion,” you will also need a Financial Affidavit, which goes by various names.
This affidavit will request financial information, such as your sources of income and expenses.
The forms are often posted on the court’s website. , Ideally, you should type your information into the form.
Otherwise, you should print very neatly using black ink.
Each form will ask for slightly different information.
But generally you will need to provide the following:your name and your ex’s name the case number, which you can get from your initial divorce decree the date you were granted a divorce your current alimony amount the change in circumstances that warrant a modification in alimony your suggested amount of alimony your signature under penalty of perjury , After completing all of the forms, assemble them.
Put the motion or petition first, and then your affidavit and other court forms.
Also include a copy of the original divorce decree or your initial marital settlement agreement.Make multiple copies of the entire packet. , Take your original and your copies to the court clerk.
Go to the same court that made the initial alimony order.
Ask the court clerk to file.
He or she can stamp your copies with the filing date.You probably have to pay a filing fee, which differs by court.
Check with the clerk.
If you can’t afford the fee, then ask for a fee waiver form., Because your ex-spouse does not agree to the modification, you need a judge to ultimately decide whether to change your alimony.
You will need to schedule a hearing date with the court.If you’ve never scheduled a hearing in the court before, then check in with the appropriate clerk or court staff and ask how to go about doing so.
You may also have to fill out a Notice of Hearing form.
You can get this from the clerk and send it along with your petition to your ex. , You have to give your ex notice that you have filed suit to modify alimony.
You can serve notice by sending him or her a copy of your petition and supporting documents.
He or she then has a certain number of days in order to respond.Generally, you can hire someone to make hand delivery on your ex.
For example, you can hire a private process server.
They advertise in the phone book and generally charge $45-75 per service.
You might also be able to have someone 18 or older make hand delivery, provided they aren’t part of your case.
For example, a coworker could deliver the documents.
Whoever serves notice probably has to complete an Affidavit of Service (also called Proof of Service) form.
Get this from the court clerk.
After making service, the server fills out the form and returns it to you.
You should file it with the court clerk.
Keep a copy for your records. , Getting alimony changed will often be like your original divorce.
For example, the judge may require that you participate in mediation again.The purpose of mediation will be to help you and your ex reach an agreement on modifying alimony.
Mediation will only be successful if you are committed to finding a solution you and your ex can live with.
If you think agreement is hopeless, tell the judge.
If you reach an agreement, then the mediator should help you draft a settlement agreement and file it with the court. , You have the burden of showing that a substantial change in circumstances warrants a change in alimony.Gather together your documentary evidence of your medical crisis: medical records, bills, etc.
You will want to introduce them as exhibits.
Get an exhibit sticker from an office supply store and attach the sticker in a corner of each document.You may also want witnesses to testify.
For example, your former boss might be willing to explain that he laid you off because of your medical crisis. , As the person seeking modification, you will present your evidence first.
If you have a lawyer, then he or she should handle everything.
You would only testify.
After you present your evidence, your ex gets to make his or her case.
You have to listen quietly as your ex presents their side of the argument.
However, there may be a chance for you to cross-examine either your ex or their witnesses., At the end of the hearing, the judge will make a ruling and sign an order.
Depending on the court, whoever wins the hearing has to complete the order form.
However, in some courts, the clerk will.You should get a copy of the order and keep it for your records. -
Step 3: Document any other lifestyle changes.
-
Step 4: Read your state law.
-
Step 5: Find your divorce decree.
-
Step 6: Consult with an attorney.
-
Step 7: Talk with your ex-spouse.
-
Step 8: Draft a stipulation or settlement agreement.
-
Step 9: Sign your stipulation.
-
Step 10: Submit the stipulation for court approval.
-
Step 11: Schedule a hearing
-
Step 12: if necessary.
-
Step 13: Attend the hearing.
-
Step 14: Get the forms.
-
Step 15: Complete the forms.
-
Step 16: Assemble your packet.
-
Step 17: File with the court.
-
Step 18: Schedule a hearing.
-
Step 19: Serve notice on your ex.
-
Step 20: Participate in mediation
-
Step 21: if required.
-
Step 22: Prepare for the hearing.
-
Step 23: Attend the hearing.
-
Step 24: Receive the court order.
Detailed Guide
Your first priority should be to deal with the medical crisis.
After doing so, you can get copies of your medical records.
They will serve as proof of the medical crisis you have suffered.
Be sure to get records from everyone who has treated you—doctor, hospital, therapist, etc.
To stay organized, you should get a big folder into which you can put all of your medical records.
Because you are probably feeling stressed, you shouldn’t worry about organizing your records.
Right now it is enough that you save everything.
You also want to show how much money the medical crisis is costing you.
Throw all medical bills into the folder along with your medical records.
Try to hang onto the following bills: doctor bills physical therapist bills receipts for prescription and over-the-counter pills , A medical crisis is usually very disruptive.
You may end up losing your job as a consequence, which is another reason you can seek to modify alimony.Document how the crisis has impacted your life and your ability to take care of yourself.
If you lost your job, hold onto your termination letter and information about unemployment benefits.
If you lost your health insurance because of the crisis, then find the letter indicating your coverage was cancelled. , Alimony is decided at the state level, and every state has a law that explains when alimony can be modified.
You should find your state law and read it.
Generally, you can find your state’s alimony law online.
In most states, you can modify alimony if there has been a “substantial change in circumstances.”Typically, a medical crisis will qualify because of the increased expense and the fact that you might have lost your job. , Your divorce decree might identify the situations when you can modify alimony.
Some divorce decrees, however, might state that alimony can never be modified.In that situation, you will not be able to increase or decrease the amount of alimony.
Go through your papers to find your divorce decree.
If you can’t find it, then go to the courthouse where you got divorced and speak to the court clerk.
You should be able to get a copy from the clerk.
The lawyer who helped you during your divorce might also have a copy. , If you have questions, then you should ask a qualified divorce attorney.Only he or she can give you proper advice tailored to your circumstances.
If you used an attorney during your divorce, call him or her up.
Explain why you need to modify alimony.
You might not have used an attorney for your divorce.
In that case, you need to find one.
You can contact your local or state bar association and ask for a referral.If your ex has an attorney, then you should probably hire one too.
Ask about fees during your consultation.
Also see Choose the Right Divorce Lawyer for more information. , Generally, you can modify any alimony award if you and your ex-spouse can come to an agreement.You should gather your supporting documents and schedule a time to meet.
Explain your situation and why you need to modify alimony.
Explain why you need the amount reduced.
Also explain how long you think the modification might need to last for.
For example, “Melissa, I don’t know if you were aware, but I got diagnosed with leukemia last month, and it’s been really hard on me.
I’ve had to take a break from my freelance job and don’t have any income.
My treatments will last for several more months.
I was hoping to reduce the alimony.” Explain why you need alimony increased.
Also tell your ex if the increase is temporary or long-term.
For example, “Jonah, I haven’t seen you over the past six months because I got in a car accident after Christmas and now am in this wheelchair.
My doctor doesn’t think I’ll ever regain the use of my legs.
Because of this disability, I am living entirely on the alimony you pay.
I was hoping you could increase payments.” , A “stipulation” is an agreement between you and your ex.
It may also be called a “settlement agreement.” Because the judge approved the alimony, only a judge can change the alimony.
Accordingly, you will submit your stipulation to the judge for his or her approval.
Your court may have printed, “fill in the blank” forms you can use.
You should check the court’s website or stop in and ask the court clerk.
If no form is available, then find sample marital settlement agreements on the Internet.You can also take a look at any agreement you reached during your divorce.
You can modify these documents by eliminating the non-alimony information. , Both you and your ex should sign the stipulation in front of a notary public.You can usually find notaries in most large banks.
The courthouse also should have a notary.
Be sure to take acceptable forms of identification with you, such as a valid state-issued ID or a passport. , You should take the stipulation to the court that entered the initial divorce decree.
Remember to attach the initial decree to your stipulation.
Ask the court to file.You should also make a copy for your spouse and for your own records.
Your ex-spouse can waive service of process by completing a waiver form, which you should be able to get from the court clerk.
You may have to pay a fee.
Ask the clerk for the amount and acceptable methods of payment.
If together you and your ex can’t afford the fee, then ask for a fee waiver form. , Some courts won’t require a hearing if both exes can agree to a modification.
However, some judges might require a hearing.
If so, you should schedule the hearing when you file your stipulation.
In some courts, the judge might have to review the stipulation before deciding whether a hearing is necessary.
In that situation, the clerk should notify you of the hearing date, if one is required. , At the hearing, you and your spouse should be prepared to answer any questions the judge has.
He or she might want to confirm that neither spouse has been coerced into changing the settlement agreement.
If the judge signs off on your agreement, then get a copy. , Your ex-spouse might not agree to modify the alimony.
In that case, you need a court order.
You can request a court order by completing the necessary paperwork.
Visit the court clerk and ask for the forms you will need to complete.You will probably need multiple forms.
In addition to a “petition” or “motion,” you will also need a Financial Affidavit, which goes by various names.
This affidavit will request financial information, such as your sources of income and expenses.
The forms are often posted on the court’s website. , Ideally, you should type your information into the form.
Otherwise, you should print very neatly using black ink.
Each form will ask for slightly different information.
But generally you will need to provide the following:your name and your ex’s name the case number, which you can get from your initial divorce decree the date you were granted a divorce your current alimony amount the change in circumstances that warrant a modification in alimony your suggested amount of alimony your signature under penalty of perjury , After completing all of the forms, assemble them.
Put the motion or petition first, and then your affidavit and other court forms.
Also include a copy of the original divorce decree or your initial marital settlement agreement.Make multiple copies of the entire packet. , Take your original and your copies to the court clerk.
Go to the same court that made the initial alimony order.
Ask the court clerk to file.
He or she can stamp your copies with the filing date.You probably have to pay a filing fee, which differs by court.
Check with the clerk.
If you can’t afford the fee, then ask for a fee waiver form., Because your ex-spouse does not agree to the modification, you need a judge to ultimately decide whether to change your alimony.
You will need to schedule a hearing date with the court.If you’ve never scheduled a hearing in the court before, then check in with the appropriate clerk or court staff and ask how to go about doing so.
You may also have to fill out a Notice of Hearing form.
You can get this from the clerk and send it along with your petition to your ex. , You have to give your ex notice that you have filed suit to modify alimony.
You can serve notice by sending him or her a copy of your petition and supporting documents.
He or she then has a certain number of days in order to respond.Generally, you can hire someone to make hand delivery on your ex.
For example, you can hire a private process server.
They advertise in the phone book and generally charge $45-75 per service.
You might also be able to have someone 18 or older make hand delivery, provided they aren’t part of your case.
For example, a coworker could deliver the documents.
Whoever serves notice probably has to complete an Affidavit of Service (also called Proof of Service) form.
Get this from the court clerk.
After making service, the server fills out the form and returns it to you.
You should file it with the court clerk.
Keep a copy for your records. , Getting alimony changed will often be like your original divorce.
For example, the judge may require that you participate in mediation again.The purpose of mediation will be to help you and your ex reach an agreement on modifying alimony.
Mediation will only be successful if you are committed to finding a solution you and your ex can live with.
If you think agreement is hopeless, tell the judge.
If you reach an agreement, then the mediator should help you draft a settlement agreement and file it with the court. , You have the burden of showing that a substantial change in circumstances warrants a change in alimony.Gather together your documentary evidence of your medical crisis: medical records, bills, etc.
You will want to introduce them as exhibits.
Get an exhibit sticker from an office supply store and attach the sticker in a corner of each document.You may also want witnesses to testify.
For example, your former boss might be willing to explain that he laid you off because of your medical crisis. , As the person seeking modification, you will present your evidence first.
If you have a lawyer, then he or she should handle everything.
You would only testify.
After you present your evidence, your ex gets to make his or her case.
You have to listen quietly as your ex presents their side of the argument.
However, there may be a chance for you to cross-examine either your ex or their witnesses., At the end of the hearing, the judge will make a ruling and sign an order.
Depending on the court, whoever wins the hearing has to complete the order form.
However, in some courts, the clerk will.You should get a copy of the order and keep it for your records.
About the Author
Alice Ross
Enthusiastic about teaching creative arts techniques through clear, step-by-step guides.
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