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When Can Non-Custodial Parents Request a Decreased Alimony Payment?

Family Law Attorney

After a divorce, it is often the responsibility of the noncustodial parent to pay alimony to the custodial parent. However, circumstances often alter the non-custodial parent's ability to pay that alimony. In addition, changes in the custodial parent's financial situation can also warrant an alimony modification. Whenever this type of situation arises, you can request, even as the non-custodial parent, to decrease the alimony. If you choose to do so, you should consult with a skilled divorce attorney to achieve the best results.

Typically, you can request a decreased alimony payment when there is a substantial change in circumstance. To prove any type of change, the judge will need to see documentation and budgets. You must prepare all this information with an attorney so that you increase your chance at convincing the judge. The judge will always make his or her decision based on the best interest of the child. So, if the judge believes your children will still live stable lives, then he or she will decrease the alimony. For example, as the non-custodial parent, if you are paying an amount that is more than the child’s regular expenses, the judge can reduce the alimony.

The judge will look at both parents' income when you request for a decrease. When the economy began to crumble, many people lost their jobs and had to accept a lower paying job. If you went through this, you can request to lower your alimony. If your spouse remarried and now has a larger income that can support all your children, then the judge will likely reduce your alimony as well. The court will also modify payments based on other factors, such as medical, age-related, or educational expenses or if cost-of-living decreases. For example, if you were paying for an unusual medical or educational need that recently ended, you can ask the court to reduce alimony because your children are no longer participating in that activity or treatment.  

Whenever your situation changes significantly, you can ask the court to modify your alimony payments. With extensive experience and success, I have the skill to tailor solutions to meet your needs. I have represented clients since 1979, and I am ready to help you as well. Contact me today to schedule a consultation. 

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