Modification of Alimony – Marital Agreement vs. Court Ordered
The current economic condition has left many spouses in the difficult position of being forced to make their required alimony payments. If you are the spouse who must make these payments and you are making less money than you were at the time of your support determination, then you have two options. The first option is to exercise your legal grounds and petition the court for a downward modification of your alimony payment. The second option is for both parties to reach an agreement on the alimony issue and file a notarized settlement agreement with the proper court whether it be in West Palm, Fort Lauderdale or Miami.
The Florida Statutes grant grounds for modification by the court of alimony in section 61.14(1). When circumstances change, either spouse may file a request with the court for modification of alimony payments. However, the party who petitions for a modification of alimony must show that a substantial change has occurred. "Substantial" means significant, involuntary and permanent. A showing that an individual’s income has been reduced is often not enough to justify modification by the court. Additionally, the spouse who has to make the required payments must show that they have no other funds in their possession which could be used to keep current with the alimony obligation.
As to the second option, both parties can reach a settlement agreement amongst themselves regarding a modification of alimony payments. There is no actual form for this in the Florida Family Law Forms but so long as both parties sign the settlement agreement before a notary public and file it with the court, it will be valid. If both parties agree to a modification agreement, it will be necessary that the agreement details not only the percentage of downward modification but also the length of time this modification will be in effect. As to either form of modification, both parties and their attorneys must ensure that the children and the parents are financially stable after the modification.
The divorce attorneys in our Fort Lauderdale and Miami offices can evaluate the complexities of alimony modification and help you reach the best possible outcome. Please feel free to contact us for a free initial consultation.
