We were recently retained by a divorced individual who wished to terminate their alimony obligation to their former spouse. Our client did not have much information about the current circumstances of their former spouse, but they felt that it was likely the ex was in a much better financial position now than they were at the time of the divorce and no longer needed to receive alimony to maintain a lifestyle similar to what the former couple had during their marriage.
In order to modify a support order, a party must demonstrate that there is a substantial and permanent change that would warrant a modification of the support obligation. As such, our client filed a motion setting forth their basis for the request, which included his/her own financial decline since the divorce. Our client also asked that the court order their former spouse to provide a Case Information Statement, the financial disclosure statement utilized by the family court, in order to better analyze whether our client had a basis for termination.
Our client’s ex cooperated with our request for the necessary financial information, and the court agreed to review it. Upon the court’s receipt of the Case Information Statement, the court ordered a plenary hearing to determine whether it was appropriate for our client’s alimony obligation to be terminated based on the changed circumstances of the parties.
This was a successful application for our client by the attorneys of DeTorres & DeGeorge, as it was the first step toward potentially terminating the alimony obligation. Ultimately, the parties attended mediation and were able to resolve the matter in a way that was satisfactory to both of them.
Another happy D&D client!
For help establishing or making changes to your own alimony agreement, contact DeTorres & DeGeorge Family Law Attorneys today to schedule a consultation. We’ll help you land the financial agreement you deserve.