Alimony, also referred to as spousal maintenance or spousal support, is a series of payments made by one spouse to the other spouse during or after their divorce. Like many ongoing obligations after a divorce, spousal support payments can be modified when certain facts and circumstances exist. You must follow the proper procedures, however, to make sure modification is successful.
Under Minnesota law, most alimony payments can be modified. At Heritage Law Office, we will guide you through the process. We understand it is important to keep any spousal maintenance order updated to reflect the realities of both parties. If you want to request a modification to a spousal maintenance order, rely on us to provide the guidance and representation you need. Contact us at 414-253-8500 or by sending us a message for a free consultation.
Factors to Obtain Modifications to spousal maintenance Payments
To modify court-ordered spousal maintenance, the court will consider any number of factors. Some of these factors could include:
- Changes in employment and the reasons for the changes (e.g., a demotion due to company-wide changes versus poor performance)
- Impairment of either spouse's earning capacity (e.g., one spouse was injured and cannot perform the same job functions)
- How long payments have been made versus how much longer until they are terminated (e.g., paid only for one year versus ten years)
- Whether the supported party has made an effort to become self-sufficient (e.g., long-term, progressive work experience versus sporadic work)
Depending on your jurisdiction, a court can consider any other factor it considers relevant. If the modification is approved, the court will confirm the payment increase or decrease in the new order granting the modification.
Enforcement of Modified Spousal Support in Minnesota
The existing spousal support order remains in effect until the petition to modify is approved by the court. Failure to continue abiding by the existing order can result in arrears. You could also be held in contempt of court, resulting in the possible issuance of a bench warrant for your arrest.
The same is true once the order granting modification is issued. The ex-spouse paying alimony must comply with the order or else risk arrears, contempt of court, and other possible civil and criminal penalties.
Contact a Divorce Lawyer in Minnesota for Modification of spousal maintenance
It's important to make sure you follow the proper procedures and provide adequate support for your reason to modify a current spousal support order. Not doing so can render your petition for modification useless. A family law lawyer can help you in this effort. So, if you need a modification to an existing alimony order, contact Heritage Law Office today at 414-253-8500 or online.
Frequently Asked Questions (FAQs)
1. What is the Difference Between Alimony and Spousal Support in Minnesota?
In the state of Minnesota, alimony and spousal support are terms used interchangeably to refer to payments made by one spouse to another following a divorce. They serve to provide financial relief and help maintain a standard of living for the spouse who earns less or may not have an income. The terms are synonymous and the legal process surrounding them is generally the same.
2. What Conditions Justify the Modification of an Alimony Agreement?
Modification of an alimony agreement may be considered for various reasons, such as substantial changes in income, employment status, or medical conditions affecting earning potential. Moreover, Minnesota law allows for modifications if either spouse experiences a change in their financial circumstances that renders the original agreement unreasonable or unfair.
3. How Do I Petition for a Modification of Alimony in Minnesota?
To petition for an alimony modification in Minnesota, you'll need to file a formal request with the court that originally handled your divorce or current alimony agreement. Generally, you'll be required to provide evidence or documentation supporting the reasons for the requested change, which could include things like pay stubs, medical records, or employment contracts.
4. What Penalties Exist for Non-Compliance With Alimony Payments?
Failure to comply with the terms of an alimony agreement can result in severe consequences. If the paying ex-spouse neglects their financial obligations, they risk going into arrears and may be held in contempt of court. In more extreme cases, a bench warrant could be issued for their arrest.
5. Can Both Parties Agree on an Alimony Modification Without Going to Court?
Yes, both parties can mutually agree to modify the alimony agreement without needing court approval in Minnesota. However, it's strongly recommended that you document any agreed changes in writing and have it signed by both parties. This serves as a legal record and helps avoid misunderstandings or disputes later on.
For personalized guidance and representation in modifying a spousal maintenance order, it's advisable to consult an experienced family law attorney. Contact Heritage Law Office today at 414-253-8500 or through our online form to learn more.
