Anytime after your divorce has been finalized, circumstances may necessitate a change to your spousal support order. Any substantial and material change in the financial situation of your former spouse or yourself can be grounds for a modification. An experienced spousal support modifications lawyer in Loudoun County will help you through the process.
At Melone Hatley, P.C., we have spent the last decade fighting for our clients during spousal support modifications. Whether you are petitioning for a modification or responding to a modification request from your former spouse, our Loudoun County spousal support lawyers will help you secure your rights. Schedule a free case review with one of our Client Service Coordinators today.
When You Should Reach Out to an Attorney to Help With Your Spousal Support Modification Case
Whether you are paying or receiving spousal support, you may find yourself in a situation where you need to modify the original terms of your support order. Typically, any substantial and material change in the financial situation of either party can be grounds for modifying a spousal support order. Some of the most common situations under which a judge will modify the order include:
- If either you or your former spouse lose employment, see a significant reduction in your hours or pay rate, or retire
- If either you or your former spouse receives a substantial pay bump or gets a new and higher-paying job
- If the spouse receiving support gets married
When seeking to make a modification, an experienced Loudoun County divorce lawyer will help you file your modification petition with the court. It is important to file the request with the court as soon as you can because the court is unable to make any changes prior to your filing.
Alternatively, a lawyer can help you ensure your rights are protected when responding to a modification request submitted by your ex-spouse.
Termination of a Spousal Support Order
In some cases, instead of modifying the spousal support order you have in place, terminating spousal support altogether may make more sense. Termination of a spousal support order is only going to be an option in extreme cases.
The most common conditions under which a judge is likely to agree to terminate a spousal support agreement is if the spouse receiving support remarries and the income from the new spouse fully covers any support they were receiving.
Even if the court does not terminate the support order, the court can order the total amount of support to be paid set at $0.
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What a Spousal Support Modifications Attorney Serving Loudoun County Can Do to Help With Your Case
When you hire a Loudoun County spousal support modifications lawyer from Melone Hatley, P.C., you will be hiring a partner who will fight with you during every step of the modification process. Some of the things your attorney will do when working with you on your case include:
- Review the details of your current spousal support order or agreement to ensure that you are able to modify support and that it is filed in the correct court
- Review your financial situation and that of your ex-spouse
- Review any recent life events that affected the financial situation of either you or your former spouse
- Help you file all the required paperwork for adjusting your current spousal support order or agreement
- Respond to any petition filed by your ex-spouse if they are the one seeking a modification
When our Loudoun County family lawyers begin working on your case, we will ensure that we consider every relevant detail to achieve an outcome that aligns with your goals. We will also answer any questions you may have about your case to ensure you fully understand your situation and the potential consequences of any modification.
Types of Spousal Support and the Options for Modifications
When attempting to modify a spousal support agreement or order, you need to ensure that you have a complete understanding of the terms of your current arrangement and the effect that any modifications would have on your financial situation. Your options for modifying your spousal support arrangement will depend on the type of spousal support you are paying or receiving.
Temporary Alimony/Spousal Support
Temporary alimony is established during divorce proceedings and can be modified at any time if your or your former spouse’s financial situation significantly changes.
Rehabilitative Alimony/Spousal Support
Rehabilitative alimony is a type of spousal support put in place to provide support for a spouse until they can get the work they need to support themselves. If the educational or career advancement goals of the spouse receiving payments change or if they become self-sufficient sooner than expected, the original agreement or order can be modified.
Permanent Alimony/Spousal Support
When permanent alimony is awarded, payments are meant to continue until the death of either party. However, certain life changes, such as remarriage by the receiving party or substantial financial changes for either party, can lead to modifications.
Non Modifiable Support
Non modifiable support is sometimes seen in agreements between the parties. Non modifiable means that the support amount and duration can’t be changed no matter how bad the paying spouse’s situation becomes.
Unofficial Modification of a Spousal Support Agreement or Order
If you are on good terms with your former spouse and need to modify your spousal support arrangement, you may wish to do so without going to court–DO NOT DO THIS. While making a verbal agreement may seem like it will save you time and money, it’s essential that you understand that doing so will not actually change your support..
An oral contract related to spousal support is not enforceable. That means that if your former spouse changes their mind, your new arrangement will be nullified and you will owe all of the support you did not pay. In this case, not only would you have to begin paying spousal support at the old rate, but you will also be on the hook for back pay for the time when you were paying less and could be held in contempt of court and even put in jail.
Because of this, any changes you make to your spousal support order or agreement must be done through the court.
Contact an Experienced Spousal Support Modifications Lawyer in Loudoun County Today
Whether you are seeking to modify your spousal support order or responding to a petition from your former spouse for a modification, securing the services of an experienced Loudoun County spousal support modifications attorney can prove critical. At Melone Hatley, P.C., we will handle your case with compassion and aggressively pursue a resolution that meets your goals.
Reach out to our spousal support modifications attorneys in Loudoun County today by phone or through our website to schedule a free case evaluation with a member of our legal team. We have the necessary experience to help ensure a positive outcome to your case. Our client testimonials tell the story of the service we provide.