Can I Modify My Alimony Payments In Maryland?
One of the central aspects of divorce is alimony or spousal support. The court can order one spouse to pay the other spouse a periodic amount of money to help support them while the divorce proceedings are pending and after the divorce is finalized. However, circumstances can change over time. Maybe the paying spouse lost their job. Maybe the recipient spouse came into money. In either event, there is a change in circumstances that could warrant revisiting modifiable alimony. In this article, the Maryland divorce lawyers at Schlaich & Thompson, Chartered will discuss when and how you can modify alimony payments in Maryland.
When can I modify alimony in Maryland?
To modify alimony in a Maryland court, the petitioner must prove that there has been a significant change in circumstances. Common factors that indicate that a significant change in circumstances has occurred include:
- A substantial change in income or financial status of either spouse
- Remarriage or cohabitation of the spouse receiving alimony
- A change in the recipient spouse’s ability to become self-supporting
- The retirement of the paying spouse
- Involuntary loss of employment
- Any other significant change in circumstances relevant to the payment of alimony
What is the process for modifying alimony in Maryland?
Regardless of whether or not you are paying alimony or receiving alimony, to request a modification of alimony in Maryland, you must:
- Should consult a family law attorney who will inform you of your rights and options
- Gather evidence that proves a substantial change in circumstances
- Prepare and file a formal written request to the court (known as a motion) with the court that issued that alimony order
- Serve a copy of the motion to the other party
- Attend the scheduled court hearing with both parties present to present their arguments
- A judge will make a decision based on the merits of the parties’ arguments
Reversing rehabilitative alimony in Maryland
Rehabilitative alimony is one type of alimony that can be granted by the Maryland courts. To acquire rehabilitative alimony, the recipient must provide the court with a plan to “rehabilitate” themselves and become self-supporting. This can include going back to college or going to vocational school to advance their career.
If the recipient spouse does not follow through with their plan to rehabilitate themselves, then the court can order that alimony payments stopped.
The bottom line
In most cases, it’s the paying spouse who petitions the court for a change in alimony. In these cases, the petitioner must demonstrate that there has either been a significant change in their income or a significant change in the recipient’s income. Other types of alimony can have special provisions that force the recipient to undertake specific actions to rehabilitate their career. Whatever the situation, modifying an alimony order is complicated and should include the help of a seasoned Maryland divorce lawyer.
Talk to a Maryland Divorce Lawyer Today
Schlaich & Thompson, Chartered represent the interests of Maryland residents who are pursuing a divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your goals right away.
