To seek a modification, there are certain elements that are required prior to filing a Petition. You must show that (1) there has been a substantial change in circumstances; (2) that the change was unanticipated at the time of the Final Judgment; and (3) that the change is sufficient, material, permanent, and involuntary. A court then considers the relative financial circumstances of the parties at the time of the Final Judgment, compared with the relative financial circumstances at the time the Petition was filed.
Typically, a modification action is either filed by a party seeking to reduce their alimony obligation due to a reduction in income or even termination from employment or by a party seeking to increase alimony payments due to an increase in their ex-spouse’s income, or a reduction in their own income. Keep in mind that any change precipitating a modification must be substantial and involuntary, meaning that a party cannot simply quit their job and seek a modification of alimony. One of the most common reasons for seeking alimony modification is retirement.
At Greene & Greene, it is our mission to provide superior legal representation, service and value to our clients. Our attorneys are all experienced litigators who handle your case personally. If you are interested in engaging our firm for an alimony modification action, consultations are scheduled as needed and we are happy to accommodate your schedule.