How A Divorce Attorney Can Help You Get Spousal Support After Final Judgment

After a divorce has been declared final and the parties have moved on, circumstances sometimes change and may warrant a new or revised award of spousal support, also known as alimony or maintenance. Maybe the spouse entered into the original dissolution agreement too hastily, under duress, or can make an argument that life since the decree has deteriorated. Typically, getting a finalized legal contract altered is difficult and requires a showing of a substantial change in circumstances by the party who is now requesting support. Alimony is also not usually awarded for marriages that are short in length or where the two parties earn around the same amount. In addition, the outcome of your case will be dependent upon the regulations in the specific state where you reside. Here are three ways a divorce attorney can help you obtain a new or improved award by demonstrating a substantial change of circumstances.

1. Loss Of Job

Spousal support is typically considered during the original court proceeding, at the discretion of the judge, and according to the specific state's regulations. It is generally classified as either short-term, long-term, or permanent. One way a divorce attorney can successfully demonstrate that your circumstances have substantially changed is if you were laid off or let go from your job, as long as the separation was not voluntary. If the amount of your original award was made based on your previous income, then you may be able to make a case for a greater amount, at least temporarily while you are looking for a new job. Meanwhile, if an award had never been discussed during the original proceedings, losing your job may be a way to demonstrate a new need.

2. Judgment Error

Another way to demonstrate a need for a new spousal support award could be if there was an error in the original judgment, due to an intentional or unintentional mistake, such as if the judge made a math mistake, or if the agreement was made under duress. In addition, if fraud occurred and is discovered, for example, if your spouse is caught suppressing assets, most jurisdictions will typically allow the case to be reopened and a new determination to be made. Sometimes fraud must be caught within one year of the judgment, but it varies from state to state, and your lawyer can help you work through the regulations.

3. Onset Of Disability Or Illness

Support is often awarded to compensate the spouse who sacrificed their earning potential by staying home with the couple's children, or to aid the person who experienced reduced financial resources by helping to advance the other's career. In the case where a health problem such as a disability or serious illness develops and you can get a doctor to testify, your divorce attorney may be able to argue that a substantial change has occurred to your earning potential and the judge could determine that financial assistance is now needed.

A qualified divorce attorney can determine if any of these options apply to your individual circumstances, and help you obtain new spousal support or a modification of the original amount.


When considering divorce attorney, Mobile AL residents visit http://www.briskman-binion.com/Domestic.aspx.

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