October 24, 2024 | Family Law

Life changes and it’s often unexpected. Even the best laid plans would need to change along with what life throws at you. When the financial circumstances of an individual that is either paying or receiving spousal support changes, modifications to the spousal support order may be required. Below, we take a look at what is involved in a spousal support modification case. We also discuss why it is important to have the guidance and representation of a skilled and experienced attorney.

What is Spousal Support Modification?

Spousal support modification allows either the payer or recipient of alimony to request a change in the payment terms. Modification to spousal support is allowed in Omaha when both parties have agreed to the change or when the changes are approved by a court. Modification could involve increasing, decreasing or even terminating support.

In both parties agree that changes to the court order are necessary, then a request may be made to the court for modifications. However, the court may not allow the modifications even if both parties agree if the court determines that:

• The modifications are unfair
• The modifications are not in the best interests of any children involved.

Circumstances that Warrant Modification

Not all changes in circumstances warrant a modification to spousal support. In Nebraska, the law typically requires a substantial change in circumstances to warrant a modification. Some examples of these include:

• Job loss or a significant decrease in income
• Increase in financial obligations such as child support or medical expenses
• Remarriage of the recipient
• Significant improvement in the financial situation of the recipient
• Retirement of the payer
• Health issues impacting the earning capacity of the payer

What Is Involved in A Spousal Support Modification Case

An application to modify spousal support can only be made when at least 3 or 6 months have passed since the order was given. Support may be modified as long as you can show that there has been a significant and continuous change to your circumstances. In order for the change to be considered continuous, it must have existed for at least 3 months prior to making the application for modification. It should also be expected to last for another 6 months.

Filing for modification to spousal support therefore isn’t straight forward. You must be able to provide evidence to demonstrate the substantial change in circumstances that warrant the change. You can then file the petition with the court. The court will evaluate the request. Both parties will be required to provide financial documents to show their current situation. The burden of proof in these cases is on the party that is making the request for modification. You should therefore be able to provide the court with strong and well-organized evidence.

It is important to note that the requirements to modify a spousal support agreement that was established through a settlement agreement rather than a court order may be different. The process in this case may be even more complicated.

Why You Should Contact an Attorney

Filing for a modification to spousal support is not as simple as requesting a change to a document. These cases can be complex and are often emotionally charged. If your or your ex-partner’s circumstances have changed significantly and warrant changes to spousal support, it is vital that you work with an experienced spousal support modification attorney. Here’s why.

• Understanding the legal system – navigating the legal requirements to file for modification successfully can be challenging. An experienced attorney will know what the legal requirements are for filing for modification. They will be able to advise you on whether you’re circumstances warrant a change and how to go about filing for a modification.
• Documentation of your case – courts require the parties involved to provide strong evidence to support their application. You must be able to provide evidence such as financial records, medical records and more as evidence of changes in your circumstances. An attorney will guide you on gathering evidence and documenting the changes. They will present the information to the court effectively.
• Negotiations with the other party – These cases often involve negotiating with the other party to come to an agreement. If a mutual agreement can be made, you can avoid a contentious court battle. Your attorney will represent you in negotiating with your former spouse outside court. They will represent you and advise you on how to get the best outcome and avoid a legal battle.
• Protecting your rights – Whether you are the payer or recipient of spousal support, it is important to ensure that your rights are protected. An attorney will ensure that your rights are protected throughout the process. They will make sure that any modification request is fair and legally sound.

If you’re considering modifying your spousal support agreement, don’t hesitate to get in touch with us, High & Younes Attorneys LLC. Schedule an appointment to consult with a knowledgeable and experienced attorney from our law firm and ensure that your rights and best interests are protected.