How Do Maintenace (a/k/a Alimony or Support Support) Modifications Work?
There are a number of occasions when you would need a Missouri or Illinois maintenance (alimony) attorney to help you modify maintenance, reduce maintenance, or end maintenance payments.
These occasions may include:
- Substantial involuntary decrease to your income
- Failure of a business
- Substantial increase to your spouse’s income
- Significant decrease to your overall total compensation package
- Recent retirement from your profession
- Spouse who has recently been remarried
- Major health problem that impairs earning ability
- Increases in the cost of living
- And more
These are just a few of the common changes that can affect your legal responsibilities to your ex-spouse. In these situations, you may be eligible to modify, reduce, or end your Missouri or Illinois maintenance (alimony) payment obligations.
The Burden Of Proof On Maintenance (Spousal Support) Modification Cases
In the State of Missouri, Illinois, Kansas and Oklahoma if you wish to pursue a modification or reduction of your maintenance payments, you will generally need to prove that you have experienced a substantial financial change in circumstances that renders you unable to continue making your maintenance payments as presently required or that the party receiving maintenance no longer needs it. In general, the party who wishes to modify or terminate maintenance payments bears the burden of proof.
When seeking a modification of maintenance, it is essential to demonstrate that you experienced a significant “involuntary” change in circumstances. For example — a spouse likely cannot “retire” early, simply to avoid ongoing maintenance payments. However, the loss of a job may be a significant grounds to modify maintenance, especially if there is a significant health problem that prevents a supporting spouse from continuing his or her work.
Since it is usually difficult to modify or reduce maintenance, you will need a skilled legal advocate on your side in order to achieve a positive result. Stange Law Firm, PC, understands the required burden of proof and can help with your situation.
Terminating Missouri, Illinois, Kansas, or Oklahoma Payments Through Remarriage
If the spouse who is receiving maintenance payments remarries, then maintenance will almost always terminate. In certain circumstances, cohabitation may result in termination of maintenance in some limited circumstances, but you would need to consult with an attorney about the specifics. Once the supported spouse enters into a new marital partnership, the supporting spouse is no longer financially obligated to continue paying Missouri, Illinois, Kansas, or Oklahoma maintenance.
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Call Today — Find Out How Our Skilled Lawyers Can Assist You in St. Louis, Kansas City, Columbia, Springfield and Beyond in the Midwest
Our law firm can assist you with all support matters. If you are interested in exploring the possibility of reducing or ending your maintenance payment obligations, contact the attorneys at Stange Law Firm, PC. We have a number of convenient locations throughout Missouri, Illinois, Kansas and Oklahoma.