This is my next article in a series discussing the modification of alimony in Melbourne, Florida. My previous article discussed when Melbourne spouses may request an adjustment of alimony. Circumstances must have changed substantially for a spousal support adjustment to be granted by the Court. It also pointed out how important it is to retain an attorney for help with these legal matters. In this article, I will be addressing the process of seeking a Court-ordered adjustment. It is important to understand how to handle this process as it can have financial impacts on both parties. If you or a family member are in need of assistance with a spousal support modification then contact my office to speak with a lawyer.
The first step in requesting an alimony modification is to file a supplemental petition
The process of changing the amount of alimony a spouse pays or receives begins with filing a Supplemental Petition for Modification of Alimony. This legal document is filed with the Court and outlines the changes in circumstances that support such a request. The Court will schedule a hearing after the Petition has been filed. A Judge may issue a temporary order to adjust alimony at the hearing. However, this does not always happen. The case enters into the discovery phase if no agreement is reached and the Judge decides that an evidentiary hearing is necessary. Both parties gather evidence to support their position during discovery. This can include pay records, tax returns, bank statements, and other financial documents. Discovery allows each side to see the other’s financial situation and prepares them for further negotiation or trial. The case moves to trial if an agreement still cannot be reached after discovery.
The trial process can be challenging. The party requesting the modification will present first if the case reaches trial. This includes showing evidence of a substantial, ongoing, and involuntary change in financial circumstances. The trial is focused on this narrow issue alone. The other side will have the opportunity to present their own evidence and arguments as well. The Judge will hear both sides and then decide whether the alimony order should be changed and, if so, how.
Contact an experienced Melbourne attorney as alimony modification cases can become complicated
Alimony modification cases can be complex. Challenges arise when one party has significant or complicated financial interests like a business or is suspected of hiding income. Determining actual income under these circumstances often requires reviewing business records, working with accountants, and interpreting financial reports. Further investigation may be needed if a party claims an inability to pay but lives a lavish lifestyle. Each side is entitled to full and fair disclosure but getting accurate information can be difficult without the help of legal professionals. The trial phase follows strict procedures and rules of evidence. Even small mistakes can affect the outcome of the case. An experienced family law attorney can help ensure that all required documents are filed correctly, deadlines are met, and your case is presented in the best possible light.
Contact my office today and speak with a Melbourne alimony lawyer. I have extensive experience handling family law matters and can help you through the process. We also serve the Florida cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.