Nashville Alimony Modification Attorney
Proficient Alimony Modification Attorneys in Nashville, TN
In most divorce cases, one spouse is often obligated to pay maintenance, alimony, or spousal support to the other party. Alimony is ideally given in cases where the couple has been together for a few years and there is a significant disparity between their incomes.
Alimony can be awarded as a total amount or a series of monthly payments over a specific period of time. However, the award might be permanent or temporary, based on the particular circumstances of your divorce case. For instance, you need temporary maintenance to give your ex some time to obtain schooling or training to re-enter the workforce. However, there is also a time when ongoing spousal support is critical for the recipient spouse to maintain a similar living standard as they did during the marriage.
After getting a divorce, your time and circumstances might change, which could significantly impact the financial situation of either individual. When such things happen, one of the ex-spouses might wish to revisit their original divorce or settlement and ask for a modification or even termination of any spousal support. A professional Nashville alimony modification attorney can help you file an appeal for such changes.
When Will The Alimony Terminate?
There are a few cases where spousal support will automatically end. The death of one spouse is one such event, as well as when the recipient spouse gets remarried. You must note that though cohabitation may offer some grounds to eliminate or modify alimony, it doesn’t happen on its own. It should be determined by the court depending on how long you two have been cohabitating, along with any provision written in your divorce settlement that addresses such issues.
It’s also crucial to note that a lump-sum form of alimony payment can’t be reimbursed. As the paying spouse, you will not be reimbursed for any alimony you have already paid in the past. The law can only eliminate or adjust any support payments in the future. The only exception to this rule would be fraud.
When Can You Modify Your Alimony?
A professional Nashville alimony modification attorney can help you modify your spousal support, but it might not be easy. If you are looking for a modification, there needs to be a ‘material change in circumstance’ that’s ongoing, which makes the original alimony award unreasonable or unwarranted. “According to the official language, material change in your circumstance makes your origin award unconscionable under the law. Though it may be a complex standard to meet, it’s not impossible,” – said Lawrence J. Kamm, an experienced Nashville alimony modification attorney from Rogers, Shea & Spanos.
Several life changes can qualify you under this standard. However, you must be prepared to present a solid case to the court and adequately articulate why your current alimony plan should be modified or terminated. Some such circumstances where a court may approve your application include:
Losing Your Job: If the paying spouse loses their job, it will be challenging to maintain regular alimony payments to the other spouse. Similarly, if the recipient spouse loses their job, they might ask you to increase your support. Ideally, this is only applicable if you lose your job without fault. It will not be considered if you were fired for a cause or quit of your own free will.
Disability or Illness: If the paying spouse gets disabled or seriously ill, it may result in a permanent inability to work and high medical bills. In such situations, it can be argued that the spouse can no longer afford the same alimony amount or any alimony. If the recipient spouse gets severely ill or disabled, they can argue for better alimony.
Looking For A Professional Nashville Alimony Modification Lawyer? Call Rogers, Shea & Spanos Today!
If you are having issues meeting your current alimony standards and would like to make a few changes and updates, you must contact an experienced advocate from Rogers, Shea & Spanos at the earliest. If you need legal advice or representation in Nashville, contact Rogers, Shea & Spanos at 888-521-9952 immediately!
Since all our attorneys have tons of training and courtroom experience, they know what to expect and how they can assist you in the best way possible. Moreover, our attorneys will help you collect all the critical documents you need to have a strong case.