Increasing Alimony

When parties go through a divorce, significant changes often occur concerning the party’s financial situation as it was during the marriage. One household becomes to and the parties no longer supported by two incomes. Sometimes it is necessary to seek an increase in alimony in order to meet the needs of a party’s current financial situation because things are changed since the entry of the divorce final judgment. The law offices of West Palm Beach Increasing Alimony Attorney has had over four decades experience in representing former spouses who are seeking an increase in alimony and the defending spouses who are opposing an increase in alimony. If you desire more information or representation concerning an increase alimony, please contact the law offices of West Palm Beach Increasing Alimony Attorney, Jessica Mishali at (561) 833-2772 for a consultation or contact us online.

To initiate an action to increase alimony is necessary to file a petition to modify the final judgment of dissolution of marriage. Once the petition is filed it must be served on the other party in the case proceeds in a similar fashion to be original divorce proceeding. The parties may settle at any time which would necessitate the execution by the parties of a modification agreement. In any case, before the matter can be heard by the court. The parties must attend mediation. The law offices of West Palm Beach, increasing alimony attorney, Jessica Mishali, encourages whenever possible the settlement of increasing alimony issues. However, we are experienced litigators and are prepared to protect your rights in court where settlement attempts have failed in the case must be decided by the court.

Florida statutory law provides the legal authority for modifying alimony. As in other modification cases in post divorce matters the petitioning party seeking an increase in alimony must show a substantial change in circumstances. This can be accomplished by showing that the paying party has an increased financial ability. It makes no difference whether the divorce final judgment as to alimony was based on a voluntary agreement or was decided by the court. In most cases it is necessary to show that there is an increased need for alimony on the part of the petitioning spouse. Only in exceptional circumstances it is an increase of financial ability alone enough to warrant an increase in alimony. This would occur if at the time of the entry of the final judgment, the paying spouse did not have sufficient ability to pay and the spouse in need had to accept a lesser amount. Thus, the court can award an increase alimony based upon the increased financial ability of the paying spouse alone. In most cases, an increased need and an increased financial ability must be shown. Although alimony may be called permanent, a court can modify the Ward if a sufficient change in circumstances is shown.

Because a case seeking an increase in alimony has such technical legal and factual issues, it is recommended that an experienced attorney be consulted. Please call the law offices of West Palm Beach Increasing Alimony Attorney, Jessica Mishali, at (561) 833-2772 or contact us online.