When you divorce with your spouse and you are the higher earning partner you have to pay alimony to your lower earning partner. When you are discussing spousal support, it’s always recommended that you arm yourself with a spousal support lawyer who will support and guide you through the process. Most divorce decrees allow you to reduce the alimony payments when necessary. If you feel that you should reduce your alimony payments there are two main ways in which you can do it: talk to your ex-spouse and get a court order.
Talking to your ex-spouse about reducing your alimony payments
If you are still in good talking terms with your former spouse you should schedule a meeting with her/him and discuss reducing the amount that you should pay. When looking to lower the alimony amount you should have good reasons as to why you are doing it. This could be due to an illness or disability that is preventing you from working as much as you used before. Your ex-spouse may also have got a promotion thus isn’t as dependent on the alimony amount as before. If the argument that you are putting across is sensible, most spouses will be more than ready to reduce the alimony amount.
You should note that even after you have agreed with your former spouse you still have to get your agreement approved by a judge for it to be recognized as legal. This calls for you to draft a motion, sign it and present it to the judge.
Reducing the alimony payments by court order
Sometimes your ex-spouse may refuse to lower the alimony payments despite you having legitimate reasons as to why you should do it. In such a case, you should hire a divorce lawyer to help you with the drafting and reviewing of the motion. To increase your chances of the judge accepting your motion you should gather all of your evidence. This calls for you to put together the documents that show that you are ill or aren’t making as much money as before. You should also have documents that show that your ex-spouse has got a promotion thus earning more than before.
When making the argument that your former partner is earning more it’s good to note that courts tend to look at your ability to pay the alimony in comparison to the needs of your ex-spouse; therefore, chances are that the judge will most likely disapprove your motion.
If you feel that you should pay lower alimony amount you should go ahead and start the process. To have an easy ride you should arm yourself with an experienced family lawyer.