After a divorce in Georgia, you might have the right to modify your alimony order. This could be a worthwhile process, especially if you are paying high amounts each month. Alternatively, you may want to explore this possibility if you need more alimony than previously agreed upon. If you want to pursue this goal, you must show the court that there has been a “change in circumstance.” But what exactly does this mean? What are some examples of these changes in the context of alimony?
A New Disability
You might be able to modify your alimony if a new disability arises. If you’re trying to reduce your alimony, you might show the court that your disability prevents you from earning enough to cover your alimony payments. For example, you might have previously worked as a construction laborer. If you suffer a permanent spinal cord injury that prevents you from walking, you might petition to modify or even eliminate your alimony agreement.
If you are trying to increase your alimony payments, you might show the court that your new disability requires a higher level of financial support. Once again, this is mostly linked with your earning capacity. You may need to prove that your disability prevents you from continuing with your prior career. Note that disabilities can come in many forms – including mental disabilities.
Employment Changes
If your employment situation has changed, you might also use this to your advantage during alimony modifications. For example, your previous career might become obsolete due to outsourcing, new technology, or economic decline. You could argue that because you are forced to take a lower-paying job, your alimony payments should also decrease. Note that you need to make a genuine effort to continue with your prior career before making these claims. If you are trying to increase your alimony, you might make the opposite argument.
Changes in Assets
Income is not the only relevant concept when modifying alimony. Courts might also consider your assets. For example, you might invest in a penny stock and become a millionaire within a few months. Perhaps you bought an “altcoin” that skyrocketed in value. Maybe you inherited a large sum of cash from your deceased relative. Whatever the case may be, you might be required to pay more alimony as a result of these changes.
This logic goes both ways, and a divorced spouse who suddenly becomes wealthy may no longer receive alimony payments. These payments are only justified if the recipient is experiencing genuine financial pressures.
Can a Family Law Attorney in Georgia Help Me Modify My Alimony?
A family law attorney in Georgia may be able to help you modify your alimony agreement. Each case is slightly different, and it often helps to discuss your specific challenges during a consultation with one of these legal professionals. From there, you can determine whether you have experienced a legitimate “change in circumstance” that allows you to move forward with a modification. For more information, contact Lankford & Moore Law today.
